Common use of Assignments and Transfers Clause in Contracts

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, and such consent shall not be unreasonably withheld or denied. In all cases, the assigning Party shall notify the other Party in writing of such assignment at least thirty (30) days prior to the effective date thereof. A Party may assign this Agreement in whole to an Affiliate of the Party or any entity succeeding a Party by sale, merger, or acquisition without the consent of the other Party; provided, however, that the assignee is authorized as a CLEC in all States covered by this Agreement and complies with the rest of the provisions in this Agreement. Upon BellSouth’s request the assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Comcast Phone is entitled to provide Telecommunications Service. Upon BellSouth’s request, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. No assignment shall be effective until the foregoing provisions in this section are met and completed. 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, Comcast Phone shall not be permitted to assign this Agreement in whole or in part to any entity unless either (1) Comcast Phone pays all bills, past due and current, under this Agreement, or (2) Comcast Phone’s assignee expressly assumes liability for payment of such bills.

Appears in 7 contracts

Sources: MFN Agreement, MFN Agreement, MFN Agreement

Assignments and Transfers. 18.1 19.1 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, and such . Such consent shall not be unreasonably withheld or denied. In all cases, the assigning Party shall notify the other Party in writing of such assignment at least thirty (30) days prior to the effective date thereof. A Party may assign this Agreement in whole to an Affiliate of the Party or any entity succeeding a Party by sale, merger, or acquisition without the consent of the other Party; provided, however, that the assignee is authorized as a CLEC in all States covered by this Agreement and complies with the rest of the provisions in this Agreement. Upon BellSouth’s request the The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Comcast Phone is entitled subject to provide Telecommunications Servicethis Agreement. Upon BellSouth’s requestAfter consent has been obtained, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. No assignment shall be effective until the foregoing provisions in this section are met and completed. 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, Comcast Phone Covad shall not be permitted to assign this Agreement Agreement, in whole or in part part, to any entity unless either (1) Comcast Phone Covad pays all bills, past undisputed outstanding amounts due under this Agreement and current, the assignee assumes liability for all outstanding disputed amounts due under this Agreement, or (2) Comcast Phone’s the assignee expressly assumes liability for payment of all outstanding amounts due under this Agreement. 19.2 In the event that either party desires to transfer any services hereunder to another provider of Telecommunications Service, or Covad desires to assume hereunder any services provisioned by AT&T to another provider of Telecommunications Service as discussed above, such billstransfer of services shall be subject to separately negotiated rates, terms and conditions.

Appears in 3 contracts

Sources: MFN Agreement, MFN Agreement, MFN Agreement

Assignments and Transfers. 18.1 Any assignment by either Party 19.1 CUSTOMER shall not assign 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, and such consent shall not be unreasonably withheld BellSouth. No transfer or denied. In all cases, the assigning Party shall notify the other Party in writing assignment of such assignment at least thirty (30) days prior to the effective date thereof. A Party may assign this Agreement in whole to an Affiliate or of the Party any right, obligation or duty, or any other interest hereunder to any entity succeeding a Party by salecontract, merger, operation of law or acquisition otherwise, shall be effective without the prior written consent of the other Party; provided, however, that the assignee is authorized as a CLEC BellSouth and any such assignment or transfer shall be null and void. BellSouth may withhold its consent in all States covered by this Agreement and complies with the rest of the provisions in this Agreementits sole discretion. Upon BellSouth’s request the The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Comcast Phone CUSTOMER is entitled to provide Telecommunications Serviceproviding service. Upon After BellSouth’s requestconsent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. No Any such assignment shall be effective until subject to applicable charges negotiated between the foregoing provisions in this section are met and completedParties. 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, Comcast Phone CUSTOMER shall not be permitted to assign this Agreement in whole or in part to any Affiliate or non affiliated entity unless either (1) Comcast Phone CUSTOMER pays all bills, past due and current, under this Agreement, or (2) Comcast PhoneCUSTOMER’s assignee expressly assumes liability for payment of such bills. 19.2 In the event that CUSTOMER desires to transfer any Services hereunder to another provider of Telecommunications Service, or CUSTOMER desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, the Parties shall negotiate the applicable rates, terms and conditions for such a transfer and CUSTOMER shall follow BellSouth’s established process for completing such a transfer.

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, and such consent shall not be unreasonably withheld or denied. In all cases, the assigning Party shall notify the other Party in writing of such assignment at least thirty (30) days prior to the effective date thereof. A Party may assign this Agreement in whole to an Affiliate of the Party or any entity succeeding a Party by sale, merger, or acquisition without the consent of the other Party; provided, however, that the assignee is authorized as a CLEC in all States covered by this Agreement and complies with the rest of the provisions in this Agreement. Upon BellSouthAT&T’s request the assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Comcast Phone BHN is entitled to provide Telecommunications Service. Upon BellSouthAT&T’s request, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. No assignment shall be effective until the foregoing provisions in this section are met and completed. 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, Comcast Phone BHN shall not be permitted to assign this Agreement in whole or in part to any entity unless either (1) Comcast Phone BHN pays all bills, past due and current, under this Agreement, or (2) Comcast PhoneBHN’s assignee expressly assumes liability for payment of such bills.

Appears in 1 contract

Sources: Clec Agreement

Assignments and Transfers. 18.1 Any assignment by either Party 24.1 CUSTOMER shall not assign 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, and such consent shall not be unreasonably withheld BellSouth. No transfer or denied. In all cases, the assigning Party shall notify the other Party in writing assignment of such assignment at least thirty (30) days prior to the effective date thereof. A Party may assign this Agreement in whole to an Affiliate or of the Party any right, obligation or duty, or any other interest hereunder to any entity succeeding a Party by salecontract, merger, operation of law or acquisition otherwise, shall be effective without the prior written consent of the other Party; provided, however, that the assignee is authorized as a CLEC BellSouth and any such assignment or transfer shall be null and void.. BellSouth may withhold its consent in all States covered by this Agreement and complies with the rest of the provisions in this Agreementits sole discretion. Upon BellSouth’s request the The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Comcast Phone CUSTOMER is entitled to provide Telecommunications Serviceproviding service. Upon BellSouthAfter ▇▇▇▇▇▇▇▇▇’s requestconsent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. No Any such assignment shall be effective until subject to applicable charges negotiated between the foregoing provisions in this section are met and completedParties. 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, Comcast Phone CUSTOMER shall not be permitted to assign this Agreement in whole or in part to any entity unless either (1) Comcast Phone CUSTOMER pays all bills, past due and current, under this Agreement, or (2) Comcast PhoneCUSTOMER’s assignee expressly assumes liability for payment of such bills. 24.2 In the event that CUSTOMER desires to transfer any Services hereunder to another carrier, the Parties shall negotiate the applicable rates, terms and conditions for such a transfer and CUSTOMER shall follow BellSouth’s 01/13/05 Confidential and proprietary. May not be disclosed outside of BellSouth. Subject to Nondisclosure Agreement. established process for completing such a transfer. CUSTOMER shall not attempt to transfer services to any entity to avoid its obligations hereunder.

Appears in 1 contract

Sources: Telecommunications Agreement