Common use of Network Harm Clause in Contracts

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party’s End-User Customers; causes electrical hazards to either Party’s personnel, damage to either Party’s equipment or malfunction of either Party’s billing equipment (individually and collectively, “Network Harm”). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 6.5.1. Promptly notify the other Party in writing of such temporary discontinuance or refusal; and 6.5.2. Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party’s End-User 's Customers; causes electrical hazards to either Party’s 's personnel, damage to either Party’s 's equipment or malfunction of either Party’s 's billing equipment (individually and collectively, "Network Harm"). If a Network Harm will occur, occur or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 6.5.1. 5.3.1 Promptly notify the other Party in writing of such temporary discontinuance or refusal; and; 6.5.2. 5.3.2 Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal; and 5.3.3 Inform the other Party of its right to bring a complaint to the Commission, FCC, or a court of competent jurisdiction.

Appears in 1 contract

Sources: Interconnection Agreement

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their TWTC-FMTC Interconnection Agreement InterconnectAiottnachment service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party’s End-User 's Customers; causes electrical hazards to either Party’s 's personnel, damage to either Party’s 's equipment or malfunction of either Party’s 's billing equipment (individually and collectively, "Network Harm"). If a Network Harm will occur, occur or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 6.5.1. 5.3.1 Promptly notify the other Party in writing of such temporary discontinuance or refusal; and; 6.5.2. Afford the 5.3.2 Afford'the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal.; and

Appears in 1 contract

Sources: Interconnection Agreement

Network Harm. Neither Party will use any service related to or provided in this Agreement in any manner that interferes with third parties in the use of their service, prevents third parties from using their service, impairs the quality of service to other carriers or to either Party’s End-User Customers; causes electrical hazards to either Party’s personnel, damage to either Party’s equipment or malfunction of either Party’s billing equipment (individually and collectively, “Network Harm”). If a Network Harm will occur, or if a Party reasonably determines that a Network Harm is imminent, such Party will, where practicable, notify the other Party that temporary discontinuance or refusal of service may be required, provided, however, wherever prior notice is not practicable, such Party may temporarily discontinue or refuse service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance or refusal, such Party will: 6.5.16.3.1. Promptly notify the other Party in writing of such temporary discontinuance or refusal; and 6.5.26.3.2. Afford the other Party the opportunity to correct the situation which gave rise to such temporary discontinuance or refusal.

Appears in 1 contract

Sources: Interconnection Agreement