Common use of Notwithstanding Section 2 Clause in Contracts

Notwithstanding Section 2. 3 above, in the event that as of the expiration of the initial term of this Agreement the Parties (i) have not entered into a Subsequent Agreement, (ii) no arbitration proceeding has been filed in accordance with Section 2.2 above, (iii) the Parties have not extended the arbitration and negotiation windows, and (iv) BellSouth is not providing any services under this Agreement as of the date of expiration of the initial term of this Agreement, then this Agreement shall not continue on a month to month basis but shall be deemed terminated as of the expiration date hereof. 2.4 In addition to as otherwise set forth in this Agreement, BellSouth reserves the right to suspend access to ordering systems, refuse to process additional or pending applications for service, or terminate service in the event of prohibited, unlawful or improper use of BellSouth’s facilities or service, abuse of BellSouth’s facilities or any other material breach of this Agreement, after prior written notice to Momentum. If Momentum cures the breach within a commercially reasonable timeframe, BellSouth will reestablish access to ordering systems, reopen processing of additional or pending applications for service, and reestablish any terminated service upon Momentum’s showing that such abuse or unlawful activity has ceased. All applicable nonrecurring and recurring charges shall be applicable for the reestablishment of ordering systems and reopening of orders shall be applied, if applicable. [