Common use of REFUSAL AND DISCONTINUANCE OF SERVICE Clause in Contracts

REFUSAL AND DISCONTINUANCE OF SERVICE. (A) If the reseller fails to comply with the rules and regulations of these terms and conditions, including any payments to be made by it on the dates and times herein specified, the Telephone Company may, on thirty (30) days written notice by Overnight Delivery or Certified U.S. Mail to the reseller, refuse additional applications for service and/or refuse to complete any pending orders for service at any time thereafter. If the Telephone Company does not refuse additional applications for service on the date specified in the 30 days notice, and the reseller's noncompliance continues, nothing contained herein shall preclude the Telephone Company from refusing additional applications for service without further notice. (B) If the reseller fails to comply with the rules and regulations of these terms and conditions, including any payments to be made by it on the dates and times herein specified, the following shall occur: (1) The Telephone Company shall notify the reseller and the PSB in writing of the reseller's failure to pay amount(s) when due under these terms and conditions and if the reseller shall have failed to make such payment within thirty (30) days of the giving by the Telephone Company of such notice then (2) The Telephone Company shall provide a second notice of non-payment (the "Second Notice") in writing to the reseller and the PSB following the thirty (30) day period referred to in Section 6.3.2.1(B)(1), and (3) If by the tenth (10) day after the giving to the PSB of the Second Notice, the PSB has not ruled that the Telephone Company may not take termination actions, then the service shall be discontinued. The reseller shall have the burden of proof in any such proceeding before the PSB of establishing that the Telephone Company is not permitted to take the termination actions. (C) Notwithstanding the foregoing, the Telephone Company will not exercise its rights to refuse and discontinue service as stated in 6. 3.2.1 (A)&(B) if the reseller submits charges to the Telephone Company if believes in good faith were billed in. effort and such charges are accepted by the Telephone Company for investigation.

REFUSAL AND DISCONTINUANCE OF SERVICE. (A) If the reseller fails to comply with the rules and regulations of these terms and conditions, including any payments to be made by it on the dates and times herein specified, the Telephone Company may, on thirty (30) days written notice by Overnight Delivery or Certified U.S. Mail to the reseller, refuse additional applications for service and/or refuse to complete any pending orders for service at any time thereafter. If the Telephone Company does not refuse additional applications for service on the date specified in the 30 days notice, and the reseller's noncompliance continues, nothing contained herein shall preclude the Telephone Company from refusing additional applications for service without further notice. (B) If the reseller fails to comply with the rules and regulations of these terms and conditions, including any payments to be made by it on the dates and times herein specified, the following shall occur: (1) The Telephone Company shall notify the reseller and the PSB Commission in writing of the reseller's failure to pay amount(s) when due under these terms and conditions and if the reseller shall have failed to make such payment within thirty (30) days of the giving by the Telephone Company of such notice thennotice. (2) The Telephone Company shall provide a second notice of non-payment (the "Second Notice") in writing to the reseller and the PSB Commission following the thirty (30) day period referred to in Section 6.3.2.1(B)(1), and (3) If by the tenth (10) day after the giving to the PSB Commission of the Second Notice, the PSB Commission has not ruled that the Telephone Company may not take termination actions, then the service shall be discontinued. The reseller shall have the burden of proof in any such proceeding before the PSB Commission of establishing that the Telephone Company is not permitted to take the termination actions. (C) Notwithstanding the foregoing, the Telephone Company will not exercise its rights to refuse and discontinue service as stated in 6. 3.2.1 (A)&(B) if the reseller submits charges to the Telephone Company if it believes in good faith were billed in. effort in error and such charges are accepted by the Telephone Company for investigation.