Laserfiche WebLink
1 <br /> I <br /> Neither Party,shall assign any right, obligation or duty,in whole or in part,nor of any other interest <br /> hereunder,without the prior written consent of the other Party,which shall not be unreasonably <br /> withheld. All obligations and duties of either Party under this Agreement shall be binding on all <br /> successors in interest and assigns of such Party. The foregoing notwithstanding,upon written <br /> notice to Customer, Comcast may assign this Agreement,to any affiliate,related entity, or third <br /> party without Customer's consent. Any third party acquiring rights from Comcast through an <br /> assignment will have all necessary regulatory authority to provide the fiber transport services under <br /> the Agreement. Nothing herein is intended to limit Comcast's use of third-party consultants and <br /> contractors to perform Services under a Sales Order. <br /> 30. Article 11.15 "Precedence" is added to the Agreement: <br /> In the event of an explicit conflict between this First Amendment to the Comcast Enterprise <br /> Services Master Agreement and the Comcast Enterprise Services General Terms and Conditions, <br /> this First Amendment will control in the interpretation of the conflict.All other documents <br /> comprising the Agreement will control in order of precedence noted above. <br /> 31. Article 11.17 "Transition Services" is added to the Agreement: <br /> If(a)the Customer or Comcast elects not to renew this Agreement after the Initial Term pursuant to <br /> the Service Term specified in the respective Sales Orders; (b)the Customer so elects upon <br /> expiration of this Agreement,then the Customer may extend access to the Services, at Comcast's <br /> then current time and materials rate,("Transition Services")on a month-to-month basis for a period <br /> not to exceed six(6)months or, if mutually agreed-to by the Customer and Comcast,twelve (12) <br /> months, ("Transition Period")from the date of the expiration or termination of this Agreement. <br /> Further, in the event Comcast terminates this Agreement or any Sales Order pursuant to section 5.2 <br /> of this Agreement, Customer may elect to extend access to safety-critical services and functions at <br /> the Transition Services rates. Transition Services rates must be commercially reasonable and <br /> represent fair market value.The rates for the Transition Services shall be at Comeast's then current <br /> Services fees schedule in effect at the time of expiration or termination of this Agreement. The <br /> Customer shall give Comcast no less than sixty(60)days prior written notice before the expiration <br /> or termination of this Agreement of its desire to extend access under this Section,and shall provide <br /> thirty(30) days prior written notice of election to cancel Transition Services after the Transition <br /> Period begins.Upon expiration of the Transition Period for Transition Services, Comcast shall <br /> terminate the Services and no further extension shall be given without prior written approval of <br /> Comcast. In addition, in the event the Customer terminates this Agreement for cause, Comcast <br /> shall cooperate with the Customer during the Transition Period in its attempts at transferring to <br /> another service provider. <br /> 32. Article 11.18 Safety Critical Services and Functions is added to the Agreement: <br /> Notwithstanding any term to the contrary in this Agreement,and with the limited exception of <br /> when required by law or in emergency situations, in the event Comcast determines that under the <br /> 11 <br />