Excessive Use of Unlimited Plans Sample Clauses

Excessive Use of Unlimited Plans is prohibited. ESP DELIVERS, LLC reserves the right to review and monitor Customer’s usage of Services at any time to calculate Excessive Use and compliance with this Agreement. Customer agrees that if Customer commits Excessive Use, ESP DELIVERS, LLC may modify, suspend, terminate, disconnect or take any other reasonable action to prevent continued Excessive Use (a “Plan Modification”), including charging Customer on per minute basis, at ESP DELIVERS, LLC’s then current per minute rates, for any Excessive Use, or converting Customer’s Unlimited Plan to a metered plan. Customer hereby agrees to pay ESP DELIVERS, LLC, and hereby authorizes ESP DELIVERS, LLC, at ESP DELIVERS, LLC's sole discretion, to invoice Customer or charge Customer's credit card on file for any additional fees, charges and penalties related to any Plan Modification.
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Excessive Use of Unlimited Plans is prohibited. "Excessive Use" means that your use exceeds the monthly incoming AND outgoing minutes per line or per extension used by 95% of all FTI Unlimited Plan customers. Excessive Use is measured on a monthly basis. For example, if you use an average of 3,000 total incoming and outgoing minutes in one month per line or per extension and 95% of all FTI Unlimited Plan customers used less than an average of 3,000 total minutes that month per line or per extension, your use would constitute Excessive use and would be in violation of this Reasonable Use Policy.
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Related to Excessive Use of Unlimited Plans

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Use of Basement and Service Areas The basement(s) and service areas, if any, as located within the

  • Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency.

  • Conditions Term of Agreement 83 3.1. Conditions Precedent to the Initial Extension of Credit. .................................83 3.2. Conditions Precedent to all Extensions of Credit. ............................................83 3.3. Maturity................................................................................................................83 3.4. Effect of Maturity. ...............................................................................................83 3.5. Early Termination by Borrowers.......................................................................83 3.6. Conditions Subsequent. .......................................................................................84

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.