Common use of Technology Upgrades Clause in Contracts

Technology Upgrades. 41.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 3 contracts

Sources: Telecommunications, Telecommunications, Telecommunications Agreement

Technology Upgrades. 41.1 40.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 40.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Technology Upgrades. 41.1 39.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 39.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable LawLaw as long as such network changes do not interrupt or impair the other Party s services. Nothing in this Agreement shall limit either Party’s ability to modify its network eith through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Telecommunications

Technology Upgrades. 41.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Service Agreement

Technology Upgrades. 41.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law. 42. Territory‌ 42.1 This Agreement applies solely to the geographic territory in which ILEC operates as an Incumbent Local Exchange Carrier in the state of Missouri.

Appears in 1 contract

Sources: Telecommunications

Technology Upgrades. 41.1 ‌ 39.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 39.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Telecommunications

Technology Upgrades. 41.1 Each Party (the "Providing Party”) shall Party provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s 's ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Interconnection Agreement

Technology Upgrades. 41.1 39.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 39.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable LawLaw as long as such network changes do not interrupt or impair the other Party’s services. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Telecommunications

Technology Upgrades. 41.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable reasonable, and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable LawLaw as long as such network changes do not interrupt or impair the other Party’s services. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Telecommunications

Technology Upgrades. 41.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its it’s own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Telecommunications

Technology Upgrades. 41.1 Each Party (the “Providing Party”) shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its it’s Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its it’s own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable Law. Nothing in this Agreement shall limit either Party’s ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Service Agreement

Technology Upgrades. 41.1 39.1 Each Party (the "Providing Party") shall provide, maintain, repair or replace its facilities and Services, including those facilities and Services used by the other Party pursuant to this Agreement, at a level of quality that is equal to that which the Providing Party provides to itself, its Affiliates, and any third parties in accordance with the requirements of the Act. At a minimum, the Providing Party shall provide, maintain, repair or replace its facilities and Services in accordance with the same technical criteria and service standards that are used within its own network on terms and conditions that are just, reasonable and nondiscriminatory in accordance with the terms and conditions of this Agreement and Applicable Law. 41.2 39.2 Each Party shall have the right to deploy, upgrade, migrate and maintain its network to the extent permitted by Applicable LawLaw as long as such network changes do not interrupt or impair the other Party’s services. Nothing in this Agreement shall limit either Party’s 's ability to modify its network through the incorporation of new equipment or software or otherwise, provided that such modifications are consistent with applicable law.

Appears in 1 contract

Sources: Service Agreement