Common use of Good Faith Performance Clause in Contracts

Good Faith Performance. In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will not be unreasonably delayed, withheld or conditioned.

Appears in 29 contracts

Samples: Interconnection Agreement, Agreement, Agreement

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Good Faith Performance. 42.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 15 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement obligations, the Parties will shall act in good faith and consistently with the intent of the Actunder this Agreement. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be conditional, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 11 contracts

Samples: Essential Facilities Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be conditional, unreasonably delayed, withheld or conditioned.delayed,

Appears in 11 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Good Faith Performance. 36.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 10 contracts

Samples: MFN Agreement, Interconnection Agreement – Nevada, MFN Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in accordance with the good faith and consistently with the intent requirements of the Act. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 9 contracts

Samples: Agreement, Mci Metro Agreement, Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 9 contracts

Samples: Agreement, Agreement (Wave2Wave Communications, Inc.), Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be conditional, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 42.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall cooperate fully and act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 6 contracts

Samples: Bell Atlantic Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. 4.1 In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 6 contracts

Samples: Agreement, Agreement, Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 5 contracts

Samples: Agreement (Callwave Inc), Agreement, Agreement (Eschelon Telecom Inc)

Good Faith Performance. 1.36.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval approval, or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will shall not be unreasonably delayed, withheld withheld, or conditioned.

Appears in 3 contracts

Samples: Agreement (Birch Telecom Inc /Mo), Agreement, Agreement

Good Faith Performance. In the performance of their obligations under this Agreement the Parties will Agreement, each Party shall act fairly and in good faith and consistently with the intent of the Actfaith. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld delayed or conditionedwithheld.

Appears in 2 contracts

Samples: Global Telecommunications Services Agreement (Worldspan L P), Global Telecommunications Services Agreement (Worldspan L P)

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where noticeExcept as otherwise expressly stated in this Agreement (including, approval but not limited to, where consent, approval, agreement or a similar action by is stated to be within a Party Party’s sole discretion), where consent, approval, mutual agreement or a similar action is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably withheld, conditioned or delayed, withheld or conditioned.

Appears in 2 contracts

Samples: Interconnection Agreement (Wave2Wave Communications, Inc.), Interconnection Agreement (Wave2Wave Communications, Inc.)

Good Faith Performance. 44.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will not be unreasonably delayed, withheld or conditioned.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned. In the performance of their obligations under this Agreement, the Parties shall act in good faith.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall cooperate fully and act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including including, without limitation, limitation the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement (Rhythms Net Connections Inc)

Good Faith Performance. 49.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement obligations, the Parties will shall act in good faith and consistently with the intent of the Actunder this Agreement. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be conditioned, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

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Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including including, without limitation, limitation of the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Bilateral Agreement (Rhythms Net Connections Inc)

Good Faith Performance. In The Parties will act in good faith in the performance of their obligations under this Agreement the Parties will act in good faith and consistently consistent with the intent purposes of the Actthis Agreement. Where noticeExcept as otherwise specifically noted in this Agreement, neither party will unreasonably delay, withhold or condition any approval or similar action by a Party is permitted or required by any provision of consent that this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new requires or open issues under this Agreement), such action will not be unreasonably delayed, withheld or conditionedpermits.

Appears in 1 contract

Samples: Agreement (Z Tel Technologies Inc)

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Agreement (Focal Communications Corp)

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, approval approval, or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably withheld, delayed, withheld or conditioned.

Appears in 1 contract

Samples: Agreement (Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be conditional, unreasonably delayed, withheld or conditioneddelayed.

Appears in 1 contract

Samples: Collocation Agreement

Good Faith Performance. In The parties will act in good faith in the performance of their obligations under this Agreement the Parties will act in good faith and consistently consistent with the intent purposes of the Actthis Agreement. Where noticeExcept as otherwise specifically noted in this Agreement, neither party will unreasonably delay, withhold or condition any approval or similar action by a Party is permitted or required by any provision of consent that this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new requires or open issues under this Agreement), such action will not be unreasonably delayed, withheld or conditionedpermits.

Appears in 1 contract

Samples: Asset Sale and Purchase Agreement (Z Tel Technologies Inc)

Good Faith Performance. In the performance of their obligations under this Agreement obligations, the Parties will shall act in good faith and consistently with the intent of the Actunder this Agreement. Where In situations in which notice, approval consent, approval, or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be conditional, unreasonably withheld, or delayed, withheld or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. 44.1 In the performance of their obligations under this Agreement the Parties will act in good faith and consistently with the intent of the Act. Where noticenotic e, approval or similar action by a Party is permitted or required by any provision of this Agreement Agreement, (including including, without limitation, the obligation of the Parties parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will not be unreasonably delayed, withheld or conditioned. 45 Intentionally Omitted.

Appears in 1 contract

Samples: Interconnection Agreement

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in accordance with the good faith and consistently with the intent requirements of the Act. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Service Description (Focal Communications Corp)

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: psc.ky.gov

Good Faith Performance. In the performance of their obligations obligation under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Actfaith. Where In situations in which notice, consent, approval or similar action by a Party is permitted or required by any provision of this Agreement (including without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), such action will shall not be unreasonably delayed, withheld or conditioned.

Appears in 1 contract

Samples: Resale Agreement (United States Telecommunications Inc/Fl)

Good Faith Performance. In The Parties to this Agreement will act in good faith in the performance of their obligations under this Agreement the Parties will act in good faith and consistently consistent with the intent purposes of the Actthis Agreement. Where Neither Party will unreasonably delay, withhold or condition any notice, approval or similar action required or permitted by a Party is permitted or required by any provision of this Agreement (Agreement, including without limitation, the obligation of the Parties to further negotiate the resolution of or resolve new or open issues under this Agreement), such action will not be unreasonably delayed, withheld or conditionedthat arise hereunder.

Appears in 1 contract

Samples: Escrow Agreement (Z Tel Technologies Inc)

Good Faith Performance. In the performance of their obligations under this Agreement Agreement, the Parties will shall act in good faith and consistently with the intent of the Act. Where notice, approval or similar action by a Party is permitted or required by any provision of this Agreement the Agreement, (including including, without limitation, the obligation of the Parties to further negotiate the resolution of new or open issues under this Agreement), ) such action will shall not be unreasonably delayed, withheld withheld, or conditioned.

Appears in 1 contract

Samples: Interconnection Agreement

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