NOW Communications Clause Samples

NOW Communications. Inc. is a corporation duly organized, validly existing and in good standing under the laws of the State of Mississippi and has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. NOW represents and warrants to CBT that it has been certified as a reseller by the Commission and is authorized to provide, within the areas where it intends to provide services pursuant to this Agreement in the Commonwealth of Kentucky, the services it has contracted to purchase for resale herein.

NOW Communications. Inc.’s employees, agents and contractors may access, use and disclose Verizon OSS Information only to the extent necessary for NOW Communications, Inc.’s access to, and use and disclosure of, Verizon OSS Information permitted by this Section 8. Any access to, or use or disclosure of, Verizon OSS Information by NOW Communications, Inc.’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 10 of the General Terms and Conditions and Section 8.5.2.3 above.‌‌‌‌‌‌‌

NOW Communications. Inc.’s use of telephone numbers shall be subject to Applicable Law the rules of the North American Numbering Council and the North American Numbering Plan Administrator, the applicable provisions of this Agreement (including, but not limited to, this Section 10), and Verizon’s practices and procedures for use and assignment of telephone numbers, as amended from time-to-time.

NOW Communications. Inc. agrees that the Services provided by Verizon hereunder shall be subject to the terms, conditions and restrictions contained in any applicable agreements (including, but not limited to software or other intellectual property license agreements) between Verizon and Verizon’s vendors. Verizon agrees to advise NOW Communications, Inc., directly or through a third party, of any such terms, conditions or restrictions that may limit any NOW Communications, Inc. use of a Service provided by Verizon that is otherwise permitted by this Agreement. At NOW Communications, Inc.’s written request, to the extent required by Applicable Law, Verizon will use Verizon’s best efforts, as commercially practicable, to obtain intellectual property rights from Verizon’s vendor to allow NOW Communications, Inc. to use the Service in the same manner as Verizon that are coextensive with Verizon’s intellectual property rights, on terms and conditions that are equal in quality to the terms and conditions under which Verizon has obtained Verizon’s intellectual property rights. NOW Communications, Inc. shall reimburse Verizon for the cost of obtaining such rights.

NOW Communications. Inc. shall maintain during the term of this Agreement and for a period of two years thereafter all insurance and/or bonds required to satisfy its obligations under this Agreement (including, but not limited to, its obligations set forth in Section 20 hereof) and all insurance and/or bonds required by Applicable Law. The insurance and/or bonds shall be obtained from an insurer having an A.M. Best insurance rating of at least A-, financial size category VII or greater. At a minimum and without limiting the foregoing undertaking, NOW Communications, Inc. shall maintain the following insurance: 21.1.1 Commercial General Liability Insurance, on an occurrence basis, including but not limited to, premises-operations, broad form property damage, products/completed operations, contractual liability, independent contractors, and personal injury, with limits of at least $2,000,000 combined single limit for each occurrence. 21.1.2 Commercial Motor Vehicle Liability Insurance covering all owned, hired and non-owned vehicles, with limits of at least $2,000,000 combined single limit for each occurrence. 21.1.3 Excess Liability Insurance, in the umbrella form, with limits of at least $10,000,000 combined single limit for each occurrence. 21.1.4 Worker’s Compensation Insurance as required by Applicable Law and Employer’s Liability Insurance with limits of not less than $2,000,000 per occurrence. 21.1.5 All risk property insurance on a full replacement cost basis for all of NOW Communications, Inc.'s real and personal property located at any Collocation site or otherwise located on or in any Verizon premises (whether owned, leased or otherwise occupied by Verizon), facility, equipment or right-of-way.

NOW Communications. Inc. may use a UNE or Combination only for those purposes for which Verizon is required by Applicable Law to provide such UNE or Combination to NOW Communications, Inc.. Without limiting the foregoing, NOW Communications, Inc. may use a UNE or Combination (a) only to provide a Telecommunications Service and (b) to provide Exchange Access services only to the extent that Verizon is required by Applicable Law to provide such UNE or Combination to NOW Communications, Inc. in order to allow NOW Communications, Inc. to provide such Exchange Access services.‌‌‌‌‌‌‌

NOW Communications. Inc. shall provide dial tone at the NOW Communications, Inc. Collocation site at least forty- eight (48) hours prior to the Scheduled Conversion Time.

NOW Communications. Inc. and Verizon will use reasonable efforts, individually and collectively, to maintain provisions in their respective state access Tariffs, and/or provisions within the National Exchange Carrier Association (NECA) Tariff No. 4, or any successor Tariff sufficient to reflect the MPB arrangements established pursuant to this Agreement.

NOW Communications. Inc. shall comply with all practices and procedures established by Verizon for access to and use of Verizon OSS Facilities (including, but not limited to, Verizon practices and procedures with regard to security and use of access and user identification codes).