Fraudulent Calling Sample Clauses

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Fraudulent Calling. Customer shall indemnify and hold AGSi harmless from all costs, expenses, claims or actions arising from fraudulent calls of any nature that may comprise a portion of the Service to the extent that the party claiming the call(s) in question to be fraudulent is, or had been at the time of the call, an End-User of the Service through Customer or an End-User of the Service through Customer's distribution channels; provided that if the fraud originated within the AGSi network on an ANI or Calling Card for which no order or LOA file exists with AGSi or Customer, then, provided AGSi was given due notice and action time as set forth herein, AGSi shall not be indemnified by Customer. Customer must notify AGSi by voice, confirmed promptly by fax or e-mail, as soon as it has actual or constructive knowledge of actual or suspected fraud in respect of any Customer ANI or Calling Card, and AGSi's liability shall be limited to damages arising solely from any failure of AGSi to block or terminate the relevant ANI or Calling Card within thirty (30) minutes of notification Monday through Friday 8:30 a.m. to 5:30 p.m. New York time ("Business Hours") and within four (4) hours of notification holidays, weekends and at times other than Business Hours. Customer shall not be excused from paying AGSi for Service provided to Customer on the basis that fraudulent calls comprised a portion of the Service for any approved ANI or Calling Card except to the extent AGSi has failed, upon due notice and within permitted action time, to block or terminate the ANI or Calling Card referenced in the notice. In the event AGSi or its Network Providers discover fraudulent calls being made, or reasonably believes fraudulent calls are being made, nothing contained herein shall prohibit AGSi or its Network Providers from taking immediate action that is reasonably necessary to prevent such fraudulent calls from taking place, including without limitation, denying Service to particular ANIs or terminating service to or from specific locations. AGSi shall use reasonable efforts to notify Customer in the event AGSi or its Network Suppliers take action upon discovery of fraudulent calls. All fraud contacts and procedures shall be included in the Operations Guide.
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Fraudulent Calling. Subject to the other terms set forth herein relating to fraudulent calling, BullsEye reserves the right to notify Client if and to the extent that BullsEye determines, in its sole discretion, that Client’s use of the Services is showing improper usage patterns. BullsEye reserves the right to, in its sole discretion, suspend or terminate Services or the Agreement or convert Services to an appropriate measured calling plan where improper usage patterns are identified. Notwithstanding the foregoing, BullsEye has no obligation to monitor the Services for improper usage patterns or fraudulent calling or to provide any notification to Client related thereto.
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Related to Fraudulent Calling

  • Fraudulent Claims If any claim under this Agreement is in any respect fraudulent, all benefits payable and/or paid in relation to that claim shall be forfeited and if deemed appropriate, recoverable, respectively.

  • Fraudulent Conveyance Borrower (a) has not entered into the Loan or any Loan Document with the actual intent to hinder, delay, or defraud any creditor and (b) received reasonably equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the execution and delivery of the Loan Documents, exceed Borrower’s total liabilities, including, without limitation, subordinated, unliquidated, disputed or contingent liabilities. The fair saleable value of Borrower’s assets is and will, immediately following the execution and delivery of the Loan Documents, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities or its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the execution and delivery of the Loan Documents will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur debts and liabilities (including, without limitation, contingent liabilities and other commitments) beyond its ability to pay such debts as they mature (taking into account the timing and amounts to be payable on or in respect of obligations of Borrower).

  • fraudulent misrepresentation No party guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any party who was not guilty of such fraudulent misrepresentation.

  • Solvency; Fraudulent Conveyance CAC is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. CAC does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. CAC does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official to manage or control any of its assets. The amount of consideration being received by CAC upon the sale or other absolute transfer of the Conveyed Property to Funding constitutes reasonably equivalent value and fair consideration for the Conveyed Property. CAC is not transferring the Conveyed Property to Funding with any intent to hinder, delay or defraud any of its creditors.

  • Fraudulent Transfer (a) Each Loan Party is Solvent. (b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.