Common use of Liabilities and Remedies Clause in Contracts

Liabilities and Remedies. 1.6.1 Any breach by Mpower, or Mpower’s employees, agents or contractors, of the provisions of Sections 1.4 or 1.5 above shall be deemed a material breach of the Agreement. In addition, if Mpower or an employee, agent or contractor of Mpower at any time breaches a provision of Sections 1.4 or 1.5 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to Mpower, to suspend the license to use BA OSS Information granted by Section 1.5.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower agrees that BA would be irreparably injured by a breach of Sections 1.4 or 1.5 above by Mpower or the employees, agents or contractors of Mpower, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by MpowerNorthPoint, or MpowerNorthPoint’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Mpower NorthPoint or an employee, agent or contractor of Mpower NorthPoint at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to MpowerNorthPoint, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower 1.7.2 NorthPoint agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Mpower NorthPoint or the employees, agents or contractors of MpowerNorthPoint, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by MpowerCompass, or MpowerCompass’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Mpower Compass or an employee, agent or contractor of Mpower Compass at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to MpowerCompass, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower 1.7.2 Compass agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Mpower Compass or the employees, agents or contractors of MpowerCompass, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by MpowerCovad, or MpowerCovad’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Mpower Covad or an employee, agent or contractor of Mpower Covad at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to MpowerCovad, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower 1.7.2 ▇▇▇▇▇ agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Mpower Covad or the employees, agents or contractors of MpowerCovad, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by MpowerMFN, or MpowerMFN’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Mpower MFN or an employee, agent or contractor of Mpower MFN at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to MpowerMFN, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower 1.7.2 MFN agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Mpower MFN or the employees, agents or contractors of MpowerMFN, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by MpowerUSWest, or MpowerUSWest’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Mpower USWest or an employee, agent or contractor of Mpower USWest at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to MpowerUSWest, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower 1.7.2 USWest agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Mpower USWest or the employees, agents or contractors of MpowerUSWest, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.

Liabilities and Remedies. 1.6.1 1.7.1 Any breach by MpowerCovad, or MpowerCovad’s employees, agents or contractors, of the provisions of Sections 1.4 1.5 or 1.5 1.6 above shall be deemed a material breach of the Agreement. In addition, if Mpower Covad or an employee, agent or contractor of Mpower Covad at any time breaches a provision of Sections 1.4 1.5 or 1.5 1.6 above and such breach continues for more than ten (10) days after written notice thereof from BA, then, except as otherwise required by Applicable Law, BA shall have the right, upon notice to MpowerCovad, to suspend the license to use BA OSS Information granted by Section 1.5.1 1.6.1 above and/or the provision of BA OSS Services, in whole or in part. 1.6.2 Mpower 1.7.2 Covad agrees that BA would be irreparably injured by a breach of Sections 1.4 1.5 or 1.5 1.6 above by Mpower Covad or the employees, agents or contractors of MpowerCovad, and that BA shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any such breach. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to any other remedies available under this Agreement or at law or in equity.