Effective Date Term and Termination Sample Clauses
POPULAR SAMPLE Copied 127 times
Effective Date Term and Termination. 5.1 Subject to Commission approval, the Effective Date of this Agreement shall be May 1, 2006.
5.2 The term of this Agreement shall commence upon the Effective Date of this Agreement and shall, because CLEC has implemented (i.e. ordered facilities, and submitted ASRs for trunking) at the time of the Effective Date, expire three years later on April 30, 2009. Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
5.3 Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement and the provision of any Interconnection, Resale Services, 251(c)(3) Unbundled Network Elements, functions, facilities, products or services provided pursuant to this Agreement, at the sole discretion of the terminating Party, in the event that the other Party fails to perform a material obligation or breaches a material term of this Agreement and the other Party fails to cure such nonperformance or breach within forty-five (45) calendar days, subject to the proviso in the following sentence, after written notice thereof . Any termination of this Agreement pursuant to this Section 5.3 shall take effect immediately upon delivery of written notice to the other Party that it failed to cure such nonperformance or breach within forty-five (45) calendar days after written notice thereof; provided, however that if the defaulting Party initiates cure promptly after receiving notice of the breach and thereafter exercises diligence to implement the cure, the defaulting Party shall be given a reasonable period of additional time to cure such breach or default if the default cannot be cured within forty-five calendar days notwithstanding the defaulting Party’s good faith efforts to do so.
5.4 If pursuant to Section 5.2, this Agreement continues in full force and effect after the expiration of the Term, either Party may terminate this Agreement after delivering at least 180 calendar days advanced written notice to the other Party of its intention to terminate this Agreement, subject to Sections 5.5 and
Effective Date Term and Termination. 2.1 Effective Date 2.2 Term of Agreement 2.3 Termination Procedures
2.3.1 Written Notice
2.3.2 Default 2.3.3 Suspension of Work 2.3.4
Effective Date Term and Termination. 1.2.1 The effective date of this Agreement (the “Effective Date”) shall be as follows: (i) unless this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252 of the Act, then the Effective Date of this Agreement shall be ten (10) calendar days after the Illinois Commerce Commission (“ICC”) approves this Agreement under Section 252(e) of the Act or, absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act; or (ii) if this Agreement is a successor agreement to an effective interconnection agreement between the Parties under Sections 251/252, then the Effective Date shall be the date upon which the ICC approves the Agreement under the Act, or absent such ICC approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act.
1.2.2 The term of this Agreement shall expire on February 4, 2007 (the “Term”). Absent the receipt by one Party of written notice from the other Party not earlier than 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term (Notice of Expiration), this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party.
1.2.2.1 If either Party serves Notice of Expiration pursuant to Section 1.2.2, CLEC shall have twenty (20) calendar days to provide SBC ILLINOIS written confirmation if CLEC wishes to pursue a successor agreement with SBC ILLINOIS or alternatively, if CLEC wishes to allow the current Agreement to expire. If CLEC wishes to pursue a successor agreement with SBC ILLINOIS, CLEC shall attach to its written confirmation or Notice of Expiration, as applicable, a written request to commence negotiations with SBC ILLINOIS under Sections 251/252 of the Act. Upon receipt of CLEC’s Section 252(a)(1) request, the Parties shall commence good faith negotiations on a successor agreement.
1.2.2.1.1 If CLEC does not affirmatively state that it wishes to pursue a successor agreement with SBC ILLINOIS in its, as applicable, Notice of Expiration or the written confirmation required after receipt of SBC ILLINOIS’ Notice of Expiration, then the rates, terms and conditions of this Agreement shall continue in full force and effect until the later of: 1) the expiration of the Term of this Agreement, or 2) the expiration of ninety (90) calendar days after the date CLEC provided or received Notice of Expir...
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued within the limits and rules described in Schedule C-1;
(iv) are in compliance with all of the other terms and provisions of this Agreement;
(v) have a RIDER ISSUE DATE on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) May 31, 2004 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3. For the purposes of this paragraph, RETAIL ANNUITY PREMIUMS for each INFORCE ANNUITY CONTRACT shall be the ACCOUNT VALUE as of the RIDER ISSUE DATE plus any RETAIL ANNUITY PREMIUMS deposited subsequent to the RIDER ISSUE DATE.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 75% or less of its U.S. GAAP surplus position as of December 31, 2000. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest EEB 8 position as of December 31, 2000 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher...
Effective Date Term and Termination. 8.1 This Agreement shall become effective upon execution by the Parties.
8.2 The initial term of this Agreement shall be two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The Agreement may be terminated by either party at the end of the initial term (or any renewal term) by providing written notice of termination to the other Party at least sixty (60) days in advance of the expiration of the initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement. In the event the parties have been unable to successfully negotiate a successor agreement within one hundred thirty five (135) days of the request to renegotiate, either party may, for a period of twenty-five (25) days, initiate arbitration of a successor agreement with the Commission pursuant to Section 252(b) of the Act.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all undisputed amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The interconnection arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For MRTC, authority involves the provision of local exchange or exchange access services. For CINGULAR, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement.
8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing specifying the nature of the alleged default and that the defaulting Par...
Effective Date Term and Termination. 8.1 Effective Date:
8.1.1 In AT&T-22STATE, with the exception of AT&T OHIO and AT&T WISCONSIN, the Effective Date of this Agreement shall be ten (10) calendar days after the Commission approves this Agreement under Section 252(e) of the Act or, absent such Commission approval, the date this Agreement is deemed approved under Section 252(e)(4) of the Act. In AT&T OHIO, based on the PUC-OH, the Agreement is Effective upon filing and is deemed approved by operation of law on the 91st day after filing. In AT&T WISCONSIN, the Effective Date of this Agreement shall be ten (10) calendar days after the mailing date of the final order approving this Agreement.
Effective Date Term and Termination. A. This Agreement covers individual ANNUITY CONTRACTs issued by the CEDING COMPANY that:
(i) are identified by form in Schedule B-1;
(ii) have accounts invested in the investment funds listed in Schedule B-2;
(iii) are issued within the limits and rules described in Schedule C-1;
(iv) are in compliance with all of the other terms and provisions of this Agreement;
(v) have elected the Guaranteed Minimum Income Benefit, as described in Schedule A, on or after the EFFECTIVE DATE and prior to the date this Agreement ceases to cover new ANNUITY CONTRACTS; and
(vi) are ACTIVE CONTRACTS.
B. This Agreement will cease to cover new ANNUITY CONTRACTS issued by the CEDING COMPANY on the earlier of (i) October 31, 2005 or (ii) the date that the sum of all cumulative RETAIL ANNUITY PREMIUMS exceeds the limit provided in Schedule C-2, paragraph 3.
C. This Agreement will terminate with respect to each ANNUITY CONTRACT subject to it, as of the TERMINATION DATE.
D. The CEDING COMPANY shall have the option of terminating this Agreement for new business, existing business, or both, by giving ninety (90) days advance notice to the REINSURER, after the occurrence of any of the following:
1. REINSURER’s Standard and Poor’s Rating is reduced to a “BBB” or lower. REINSURER must report any adverse change in Standard and Poor’s Rating to CEDING COMPANY within fifteen (15) days of the change. Any notice of termination given by the CEDING COMPANY enabled by such rating reduction shall be deemed withdrawn if REINSURER’s Standard and Poor’s Rating is restored to a level higher than “BBB” during the 90 day notice period;
2. An order is entered appointing a receiver, conservator or trustee for management of REINSURER or a proceeding is commenced for rehabilitation, liquidation, supervision or conservation of REINSURER;
3. REINSURER’s U.S. GAAP surplus position is reduced to 70% or less of its U.S. GAAP surplus position as of December 31, 2001. The REINSURER must report such a reduction within fifteen (15) days after it occurs. The REINSURER’s surplus position as of December 31, 2001 is provided in Schedule H. Any notice of termination given by the CEDING COMPANY enabled by such surplus reduction shall ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ACE Tempest GMIB 7 be deemed withdrawn if REINSURER’s U.S. GAAP surplus position is restored to a level higher than 70% of its U.S. GAAP surplus position as of December 31, 2001 during the 90 day notice period.
E. The REINSURER shall have the option of terminating this Agreem...
Effective Date Term and Termination. 5.1 In SBC-13STATE, with the exception of SBC OHIO, the Effective Date of this Agreement shall be ten
Effective Date Term and Termination. 2.1. This Agreement shall be effective on the later of the dates that it is executed by the Company and Consultant (the “Effective Date”) and shall terminate as of the date Services are completed (the “Term” as further defined and outlined in Appendix A) unless: (i) this Agreement is sooner terminated as provided in Section 2.2 below; or (ii) the parties agree in writing to extend the Term for a mutually agreed upon period.
2.2. The Agreement and the Services provided by Consultant may be terminated by either Consultant or the Company, at any time and for any reason, upon five (5) days prior written notice of termination.
Effective Date Term and Termination. 8.1 This Agreement shall be effective as of May 1, 2006 (the "Effective Date") subject to execution by the Parties and pending approval by the Commission.
8.2 The initial term of this Agreement shall be two (2) years from the effective date and shall then automatically renew on a year-to-year basis. The Agreement may be terminated by either party at the end of the initial term (or any renewal term) by providing written notice of termination to the other Party at least sixty (60) days in advance of the expiration of the initial term or any renewal term thereof. In the event such notice of termination is provided, and either party requests in good faith to renegotiate a successor agreement under the provisions of the Act, this Agreement shall remain in effect until replaced by the successor agreement.
8.3 Upon termination or expiration of this Agreement in accordance with this Section:
(a) each Party shall comply immediately with its obligations set forth above;
(b) each Party shall promptly pay all amounts (including any late payment charges) owed under this Agreement;
(c) each Party's indemnification obligations shall survive termination or expiration of this Agreement.
8.4 The arrangements pursuant to this Agreement including the provision of services or facilities shall immediately terminate upon the suspension, revocation or termination by other means of either Party’s authority to provide services. For [LEC], authority involves the provision of local exchange or exchange access services. For ▇▇▇▇▇▇, authority involves the provision of CMRS services under license from the Federal Communications Commission.
8.5 The services and facilities arrangements pursuant to this Agreement may be terminated by either Party upon not less than thirty (30) days’ written notice to the other Party for failure to pay undisputed amounts on the dates or at times specified for the facilities and services furnished pursuant to this Agreement.
8.6 Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party provided however, that the non-defaulting Party notifies the defaulting Party in writing of the alleged default and that the defaulting Party does not cure the alleged default within thirty (30) calendar days of receipt of written notice thereof. Default is defined to include:
(a) A Party’s insolvency or the initiation of bankruptcy or receivership proceedings by or against the Party; or
(b) A Party’s refusal or failure in any m...