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To Consolidated Communications |
Consolidated Communications
Attn: Legal Department
350 8. Loop336 West
Conroe, TX 77304
Compliance with Laws. Each party shall comply with the provisions of all applicable Laws in its
performance under this Agreement. The Service are subject to such orders, rulings, and tariffs now or
hereafter issued or filed with the Federal Communications Commission (FCC) and/or the applicable
state regulatory commission if and to the extent required by applicable Laws. In the event of a conflict
between the terms of any such tariffs and this Agreement, the terms of such tariffs will apply to the
extent required under applicable Laws.
Applicabie Law. In the event of any claim or dispute, the laws of the jurisdiction in which
Consolidated Communications provides to Customer the particular Service that is the subject of such
claim or dispute will apply, without regard to its choice of law provisions. If Service provided is multi-
jurisdictional, then the laws of the State of New York will apply, without regard to its choice of law
provisions.
Interpretation. Nothing in this Agreement may be construed or interpreted for or against either
Customer or Consolidated Communications because that party drafted or caused that party’s legal
representative to draft any of its provisions.
Limitation of Actions. A party may bring no action, claim or demand arising out of this Agreement
more than one (1) year after the cause of action has accrued. The parties waive the right to invoke any
different limitation on the bringing of actions under state or federal law.
Good Faith Performance. The Parties shall act in good faith in their performance of this Agreement.
Except as otherwise expressly stated in this Agreement (including where consent, approval, agreement
or a similar action is stated to be within a party’s sole discretion), where consent, approval, mutual
agreement or a similar action is required by any provision of this Agreement, such action will not be
unreasonably withheld, conditioned or delayed.
Publicity. Notwithstanding any contrary term in this Agreement, a party may not issue or permit
issuance of a press release or other public statement concerning this Agreement without the consent of
the other party and then only after the contents of such release or statement is agreed upon by the parties.
Order_of Precedence. The contractual relationship between Consolidated Communications and
Customer is governed by the following order of precedence with the item following (i) given the highest
order of precedence in resolving conflicts in terms: (i) Schedules, and (ii) these terms and conditions.
Authority. Each signatory to this Agreement represents and warrants that he or she has authority to
bind the entity on whose behalf he or she is executing this Agreement.
