RIGHTS AND OBLIGATIONS OF SUREWEST AND/OR SWT Clause Samples

RIGHTS AND OBLIGATIONS OF SUREWEST AND/OR SWT. Section 4.1. Delivery of Subscriber List Information and Subscriber Delivery Information. (a) Pursuant to the Listings License Agreement and in accordance with Schedule 4.1, SureWest or SWT shall deliver or make available for delivery Subscriber List Information for Subscribers in the Service Areas, including any and all additions to, deletions from, and changes in such information from time to time so as to enable Publisher to Publish Primary Directories in accordance with Publisher's publication schedule. (b) Pursuant to the Listings License Agreement and in accordance with Schedule 4.1, SureWest or SWT shall deliver or make available for delivery Subscriber Delivery Information for Subscribers in the Service Areas, including any and all additions to, deletions from, and changes in such information from time to time so as to enable Publisher to deliver Primary Directories to all such Subscribers. (c) If SureWest or SWT elects to use a third party to deliver Subscriber List Information and/or Subscriber Delivery Information to Publisher, then such SureWest Party shall prepare and promptly provide to Publisher and such third party duplicate written authorizations to facilitate such delivery and such SureWest Party shall clearly designate and distinguish its information from all other information delivered by, of through such third party, provided that SureWest shall in any event remain liable for its obligations hereunder. (d) The Parties acknowledge that Publisher requires the Subscriber List Information provided under the Listings License Agreement to perform its obligations, and enjoy its rights and privileges, under this Agreement. Consequently, the Parties agree that if the Listings License Agreement is terminated due to Publisher's breach thereof beyond any applicable cure period, SWT shall reinstate such Listings License Agreement or enter into a new agreement on terms and conditions as set forth in Section 3.9; provided that Publisher has identified the cause of such breach, fully remedied such breach and established reasonable procedures to prevent the recurrence of such breach, and provided further that SWT shall not be obligated to reinstate such Listings License Agreement or enter into any other agreement as contemplated by this Section 4.1(d) in the event of any termination resulting from any breach of any such agreement that is substantially similar to any prior breach of any such agreement within the immediately preceding twelve (12) month p...