Commission Approval Sample Clauses

Commission Approval. The Parties understand and agree that this Agreement will be filed with the Commission for approval by such Commission (or the FCC if the Commission fails to act) pursuant to Section 252 of the Act. Each Party specifically reserves its right to judicial review of this Agreement under Section 252(e)(6) of the Act, or any other available remedy at law or equity. If the Commission, the FCC or any court rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion and any provisions that would be materially affected by deletion of the rejected portion; provided that such rejected portion shall not affect the validity of the remainder of this Agreement. The Parties acknowledge that nothing in this Agreement shall limit a Party's ability, independent of such Party's agreement to support and participate in the approval of this Agreement, to assert public policy issues relating to the Act, including challenging the validity of any portion of the Act or an FCC or Commission rule, order, Guideline or other determination made pursuant to the Act, or the application by CBT for suspension or modification of portions of the Act or rules pursuant to Section 251(f)(2) of the Act. In the event CBT obtains a suspension or modification of any portion of the Act or rules thereunder pursuant to Section 252(f)(2) of the Act, the Parties shall negotiate as necessary to incorporate the applicable terms and conditions of such suspension or modification and the Parties agree to negotiate as necessary in order to clarify the application of such suspension or modification to the terms of into this Agreement.

Commission Approval. The Parties understand and agree that this Agreement will be filed with the Commission for approval by such Commission pursuant to Section 252 of the Act. If the Commission, the FCC or any court rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion and related provisions; provided that such rejected portion shall not affect the validity of the remainder of this Agreement.

Commission Approval. The Parties understand and agree that this Agreement will be filed with the Commission and may thereafter be filed with the FCC. CENTURYLINK authorizes CITIZENS to file a copy of this Agreement with the Commission on CENTURYLINK’S behalf. Each Party covenants and agrees to fully support approval without modification of this Agreement by the Commission or the FCC under Section 252 of the Act. If the Commission or the FCC rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion of the Agreement; provided that such rejected portion shall not affect the validity of the remainder of this Agreement. The Parties acknowledge that nothing in this Agreement shall limit a Party’s ability, independent of such Party’s agreement to support and participate in the approval of this Agreement, to assert public policy issues relating to the Act.

Commission Approval. The Parties understand and agree that this Agreement will be filed with the Commission for approval by such Commission (or the FCC if the Commission fails to act) pursuant to Section 252 of the Act. Each Party agrees that this Agreement is satisfactory to them as an agreement under Sections 251 and 252 of the Act. Each Party agrees to fully support approval of this Agreement by the Commission (or the FCC) under Section 252 of the Act without modification; provided, however, that each Party may exercise its right to judicial review under Section 252(e)(6) of the Act, or any other available remedy at law or equity, with respect to any matter included herein by arbitration under the Act over the objection of such Party. If the Commission, the FCC or any court rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion and related provisions; provided that such rejected portion shall not affect the validity of the remainder of this Agreement. The Parties acknowledge that nothing in this Agreement shall limit a Party's ability, independent of such Party's agreement to support and participate in the approval of this Agreement, to assert public policy issues relating to the Act.

Commission Approval. The Parties understand and agree that this Agreement will be filed with the Commission for approval by such Commission (or the FCC if the Commission fails to act) pursuant to Section 252 of the Act. Each Party specifically reserves its right to judicial review of this Agreement under Section 252(e)(6) of the Act, or any other available remedy at law or equity. If the Commission, the FCC or any court rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion and any provisions that would be materially affected by deletion of the rejected portion; provided that such rejected portion shall not affect the validity of the remainder of this Agreement. The Parties acknowledge that nothing in this Agreement shall limit a Party's ability, independent of such Party's agreement to participate in the approval of this Agreement, to assert public policy issues relating to the Act, including

Commission Approval. With the exception of Section 3.2.2, Section 3.2.3 (but only insofar as it provides for the Initial Partial Payment), Section 3.3 (i.e., Sections 3.3.1 through 3.3.4) and Section 4.1 of this Agreement, this Agreement, or in the alternative, the form agreement upon which this Agreement is based if EDISON submits that form instead to the Commission, is subject to Commission Approval as to reasonableness for purposes of rate recovery by EDISON, and shall not become effective until Commission Approval has been obtained or waived by EDISON, as provided herein. "

Commission Approval. PacifiCorp will use commercially reasonable efforts to submit, within sixty (60) days after the Execution Date, all required filings to the Commission for the Commission Approval. If the Commission (a) fails to grant the Commission Approval on or before the Commission Approval Deadline or (b) grants the Commission Approval on or before the Commission Approval Deadline, but in form and substance not acceptable to PacifiCorp in its sole discretion, then within thirty (30) days after (i) the Commission Approval Deadline or (ii) the date the Commission grants the Commission Approval in form and substance not acceptable to PacifiCorp in its sole discretion, as the case may be (the day thirty (30) days after the occurrence of clause (i) or (ii), the “Commission Approval Termination Deadline”), PacifiCorp will have the right to terminate this Agreement by providing Seller written notice thereof within ten (10) Business Days after the initial Commission Approval Termination Deadline or, if applicable, any extended Commission Approval Termination Deadline, provided that in the case of Section 2.1.2(b), PacifiCorp may extend the Commission Approval Termination Deadline by up to an additional thirty (30) days by providing Seller written notice thereof within ten (10) Business Days after the initial Commission Approval Termination Deadline in order to determine whether it can reach a resolution with the Commission acceptable to PacifiCorp in its sole discretion, which resolution may include one or more amendments to this Agreement, provided any required amendment must be mutually acceptable to the Parties in their sole discretion. If PacifiCorp terminates this Agreement pursuant to this Section 2.1.2, then all further obligations of the Parties under this Agreement (other than the provisions which by their terms are intended to survive the termination of this Agreement) will be terminated without further liability of either Party to the other Party. Under no circumstances will either Party have any liability to the other Party due to the failure of the Commission to grant the Commission Approval (x) by the Commission Approval Deadline or (y) in form and substance not acceptable to PacifiCorp in its sole discretion. If PacifiCorp fails to terminate this Agreement pursuant to this Section 2.1.2 on or before the date that is ten (10) Business Days after the Commission Approval Termination Deadline, as it may be extended as provided for above, PacifiCorp’s termination rig...

Commission Approval. XXIX-1 29.2 Tariffs .............................................................................................................. XXIX-1 29.3 Amendment or Other Changes to the Act; Reservation of Rights ...................... XXIX-1 29.4 Regulatory Changes ............................................................................................ XXIX-2 29.5 Proxy Rates ......................................................................................................... XXIX-2 29.6 Option to Obtain Local Services or Network Elements Under Other Agreements .......................................................................................................... XXIX-3 30.1 Authorization........................................................................................................ XXX-1 30.2 Designation of Affiliate........................................................................................ XXX-1 30.3 Subcontracting...................................................................................................... XXX-1 30.4 Independent Contractor ........................................................................................ XXX-2 30.5 Force Majeure ...................................................................................................... XXX-2 30.6 Governing Law..................................................................................................... XXX-2 30.7 Taxes ............................................................................................................... XXX-3 30.8 Non-Assignment .................................................................................................. XXX-5 30.9 Non-Waiver.......................................................................................................... XXX-6 30.10 Notices ............................................................................................................... XXX-6 30.11 Publicity and Use of Trademarks or Service Marks ............................................ XXX-7 30.12 Intellectual Property ............................................................................................. XXX-7 30.13 Branding. ............................................................................................................ XXX-11 30.14 Nonexclusive Dealings....................................................................................... XXX-11 30.15 No Third Party Beneficiaries; Disclaimer of Agency ....

Commission Approval. The condition set forth in Section 8.1.1 shall have been satisfied.