Commingling Clause Samples

Commingling. Enbridge shall have the right to commingle the quantity of gas referenced herein with gas owned by Enbridge or gas being stored and/or transported by Enbridge for third parties.

Commingling. The Seller shall not, and shall not permit any of its Affiliates to, deposit or permit the deposit of any funds that do not constitute Collections of any Loan Asset into the Interest Collection Subaccount or the Principal Collection Subaccount.

Commingling. Union shall have the right to commingle the quantity of gas referenced herein with gas owned by Union or gas being stored and/or transported by Union for third parties.

Commingling. 51.1. For the purpose of this Section, wholesale services includes both services CLEC procures for resale pursuant to §251(c)(4) and exchange access service purchased from Embarq’s access Tariffs. 51.2. CLEC may Commingle an unbundled network element or combination of UNEs with wholesale services purchased from Embarq, subject to Section 53.5.3. Upon request, Embarq will perform the work necessary to Commingle such UNE or UNE combinations with wholesale services purchased from Embarq subject to Section 42. CLEC will compensate Embarq the costs of work performed to Commingle UNEs or UNE combinations with wholesale services. Each component of the commingled facility, either UNE or wholesale service, will be billed at the UNE or wholesale service rate for that component, plus applicable non-recurring charges. Embarq will not ratchet price individual components; that is, Embarq will not reflect a combination of UNE and wholesale rates for the same component. Wholesale service rates will be per the appropriate Tariff, including any applicable resale discounts pursuant to this Agreement.

Commingling. The Servicer shall not, and shall not permit any of its Affiliates to, deposit or permit the deposit of any funds that do not constitute Collections or other proceeds of any Collateral Obligations into the Collection Account.

Commingling. Commingling means the connecting, attaching, or otherwise linking of an unbundled network element, or a combination of unbundled network elements, to one or more facilities or services that a requesting telecommunications carrier has obtained at wholesale from an incumbent LEC, or the combining of an unbundled network element, or a combination of unbundled network elements, with one or more such facilities or services. Commingle means the act of commingling.

Commingling. 50.1. For the purpose of this section, wholesale services includes both services CLEC procures for resale pursuant to 251(c)(4) and exchange access service purchased from Sprint’s access tariffs. 50.2. CLEC may Commingle an unbundled network element or combination of UNEs with wholesale services purchased from Sprint, subject to section 52.4.4. Upon request, Sprint will perform the work necessary to Commingle such UNE or UNE combinations with wholesale services purchased from Sprint subject to section

Commingling. The funds of the Company shall not be commingled with the funds of any other Person; provided, however, that the foregoing shall not prohibit the Advisor from establishing a master fiduciary account pursuant to which separate subtrust accounts are established for the benefit of Affiliated Programs, if Company funds are protected from claims of such other Programs and/or creditors. The foregoing prohibition shall not apply to investments described in Section 15.2.

Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariff, Spectra shall permit CD to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectra, and to also convert wholesale services to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra shall, upon request of CD, perform the functions necessary to commingle a UNE or Combination with one or more facilities or services or inputs that CD has obtained at wholesale from Spectra. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD. 9.4.1 The rates, terms and conditions of the applicable access tariff will apply to wholesale services, and the rates, terms and conditions of this Agreement will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. “Ratcheting,” as that term is defined by the FCC, shall not be required. 9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes