Cancellation Without Clause Samples

Cancellation Without. Charge Notwithstanding anything to the contrary contained in Subsection 2(A) above, Customer may cancel this Agreement, as provided below, without incurring any cancellation charge (other than payment for Services provided by MCI WorldCom up through the effective date of cancellation) if (i) MCI WorldCom fails to provide a network as warranted in Section 8 below; (ii) MCI WorldCom fails to deliver call detail records promptly based on the frequency selected by Customer (i.e., monthly, weekly or daily); or (iii) MCI WorldCom fails to submit ANI(s) relevant to Customer's Service Requests to the applicable local exchange companies ("LECS") within the time period described in applicable Attachment(s). Provided, however, Customer must give MCI WorldCom written notice of any such default and an opportunity to cure such default within five (5) days of the notice. In the event MCI WorldCom fails to cure any such default within the five-day period on more than three (3) occasions within any six (6) month period, Customer may cancel this Agreement without incurring any cancellation charge.

Cancellation Without. Charge Notwithstanding anything to the contrary contained in Subsection 2(A) above, Customer may cancel this Agreement without incurring any cancellation charge if (i) WilTel fails to provide a network as warranted in Section 9 below; (ii) WilTel fails to deliver call detail records promptly based on the frequency selected by Customer (i.e., monthly, weekly or daily); or (iii) WilTel fails to submit ANI(s) relevant to such Service Requests to the LECs within the time period described in Subsection 1(E) above. Provided, however, Customer must give WilTel written notice of any such default and an opportunity to cure such default within five (5) days of the notice. In the event WilTel fails to cure any such default within the five-day period on more than three (3) occasions within any six (6) month period, Customer may cancel this Agreement without incurring any cancellation charge.

Cancellation Without. Charge notwithstanding anything to the contrary contained in Subsection 2(A) above, Customer may cancel this Agreement without incurring any cancellation charge if WilTel materially breaches any of the warranties described below within the time frame described or, if applicable, fails to cure such breach within any applicable cure period ("WilTel Breaches"). Provided, however, with respect to WilTel Breaches described in Subparts (i), (iv) or (v), Customer must give WilTel written notice of such default and an opportunity to cure such default within five (5) days of such notice. In the event WilTel fails to cure any such default within the five-day period on more than three (3) occasions within any six (6) month period, WilTel will be deemed in breach of this Agreement and Customer may cancel this Agreement without incurring any cancellation charge. (i) WilTel agrees to materially provide a long distance network with transmission quality and availability consistent with telecommunications common carrier industry standards, government regulations and sound business practices. In the event of a cable cut or other incident materially affecting WilTel's network, W▇▇▇▇▇ agrees to use reasonable efforts to notify Customer within thirty (30) minutes; provided, however, WilTel's failure to notify Customer will not be deemed a breach of this Agreement by WilTel. (ii) When measured over a thirty (30) day period, WilTel agrees to materially deliver call detail records within (x) twenty-four (24) hours of each day's traffic at least seventy-five percent (75%) of the time, (y) forty-eight (48) hours at least ninety-five percent (95%) of the time, and (z) seventy-two (72) hours at least ninety-eight percent (98%) of the time (collectively, the "Delivery Standard"). In the event WilTel fails to materially deliver call detail records within the Delivery Standard on more than three (3) occasions within any twelve (12) month period, WilTel will be deemed to be in breach of this Agreement and Customer may cancel this Agreement without incurring any cancellation charge. (iii) WilTel agrees to materially process (x) SWITCHED ACCESS Service (1+) Service Requests within twenty-four (24) hours of receipt of such Service Requests, (y) DEDICATED ACCESS Service (800) Service Requests within five days (excluding Sundays and nationally recognized holidays) of receipt of such Service Requests, and (z) within seventy-two (72) hours of receipt of such Service Requests in cases where Cust...

Cancellation Without. Charge Notwithstanding anything to the contrary contained in Subsection 2(A) above, Customer may cancel this Agreement without incurring any cancellation charge if (i) MCI fails to provide a network as warranted in Section 8 below and fails to cure such default within five (5) days following written notice from Customer; or (ii) MCI fails to (a) deliver call detail records promptly based on the frequency selected by Customer (i.e., monthly, weekly or daily); or (b) submit ANI(s) relevant to such Service Requests to the LECs within the time period described in Subsection 1(B) above. Provided, however, Customer must give MCI written notice of any such default under this Subpart (ii) and an opportunity to cure such default within five (5) days of the notice. In the event MCI fails to cure any such default within the five-day period set forth in this Subpart (ii) on more than three (3) occasions within any six (6) month period, Customer may cancel this Agreement without incurring any cancellation charge.

Cancellation Without. (A) End Users Customer will obtain, and upon MCI WorldCom's request provide MCI WorldCom (within two (2) business days of the date of the request), a written Letter of Agency ("LOA") acceptable to MCI WorldCom (or with any other means if approved by the Federal Communications Commission ("FCC"), the applicable public utility commission ("PUC") and the applicable LEC), for each ANI indicating the consent of such end user of Customer ("END USER") to be served by Customer and transferred (by way of change of such End User's designated presubscribed interexchange ▇▇▇▇▇▇ (PIC)) to the MCI WorldCom network prior to submitting a Service Request to MCI WorldCom. Each LOA will provide, among other things, that the End User has consented to the transfer being performed by Customer or Customers designee. When applicable, Customer will be responsible for notifying its End Users, in writing (or by any other means if approved by the FCC, the applicable PUC and the applicable LEC) that (i) a transfer charge will be reflected on their LEC ▇▇▇▇ for effecting a change in their PIC, (ii) the entity name under which their interstate, intrastate, local and/or operator services will be billed (if different from Customer), and (iii) the "primary" telephone number(s) to be used for maintenance and questions concerning their telecommunications services and/or billing. Customer agrees to send MCI WorldCom a copy of the documentation Customer uses to satisfy the above requirements promptly upon request of MCI WorldCom. MCI WorldCom may change the foregoing requirements for Customers confirming orders and/or for notifying End Users regarding the transfer charge at any time in order to conform with applicable FCC and state regulations. Provided, however, Customer will be solely responsible for ensuring that the transfer of End Users to the MCI WorldCom network conforms with applicable FCC and state regulations, including without limitation, the regulations established by the FCC with respect to verification of orders for long distance service generated by telemarketing as promulgated in 47 C.F.R., Part 64, Subpart K, Section 64.1100 or any successor regulation(s). (B) Transfer Charges/Disputed Transfers Customer agrees that it is responsible for (i) all charges incurred by MCI WorldCom to change the PIC of End Users to the MCI WorldCom network, (ii) all charges incurred by MCI WorldCom to change End Users back to their previous PIC arising from disputed transfers to the MCI WorldCom n...

Cancellation Without. CHARGE Notwithstanding anything to the contrary contained in Subsection 2(A) above, Customer may cancel this Agreement without incurring any cancellation charge if (i) CTSLC fails to provide a network as warranted in Section 9 below; (ii) CTSLC fails to deliver call detail records promptly based on the frequency selected by Customer (i.e., monthly, weekly or daily); or (iii) CTSLC fails to submit ANI(s) relevant to such Service Requests to the LECs within the time period described in Subsection 1(E) above. Provided, however, Customer must give CTSLC written notice of any such default and an opportunity to cure such default within five (5) days of the notice. In the event CTSLC fails to cure any such default within the five-day period on more than three (3) occasions within any six (6) month period, Customer may cancel this Agreement without incurring any cancellation charge.