Common use of Excel Certification Clause in Contracts

Excel Certification. Excel hereby represents and warrants that it is certified to do business in all jurisdictions in which it conducts business and is in good standing in all such jurisdictions. Excel further represents and warrants that it is certified by the proper regulatory agencies to provide interstate, intrastate and international long distance services to end-users in those jurisdictions where such services are to be provided by Excel. Excel shall keep current during the term of this Agreement copies of its Certificates of Public Convenience and Necessity or similar documents certifying Excel's interstate, intrastate, or international operating authority in any local, state, or federal jurisdiction (collectively, "Service Compliance Certificates") and furnish copies thereof to IXC within thirty (30) days of written request by IXC; provided that IXC shall not be permitted to make such request more than once every 12-month period (provided further, Excel will use reasonable efforts to furnish such copies within fifteen (15) days; provided however that the failure to comply with this 15 day period shall in no way give rise to a breach of this Agreement nor shall it permit IXC to refuse or withhold Service in a particular jurisdiction). In the event Excel fails to provide such Service Compliance Certificates within such 30-day period, IXC shall provide Excel with written notice detailing such failure. If Excel has not provided such Service Compliance Certificates within thirty (30) days after receipt of such notice, IXC shall then have the right to refuse or withhold Service in any jurisdiction in which Excel's Service Compliance Certificate has not been furnished to IXC. Excel shall defend and indemnify IXC from any direct and actual losses, expenses, demands and claims in connection with Excel's failure to maintain such Service Compliance Certificates. Such indemnification shall include costs and expenses (including reasonable attorney's fees) incurred by IXC in settling, defending or appealing any claims or actions brought against it relating to Excel's failure to maintain such Service Compliance Certificates.