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3.4 |
OBLIGATIONS OF THE CUSTOMER (Cont'd)
3.4.3 The Customer will guarantee the performance by Customer�s authorized
user(s) of all provisions of this price list and contractual obligations
between the Customer and the Company. The Customer will be liable for the
acts or omissions of its authorized user(s) relative to the compliance
with the provision of this price list.
3.4.4 The Customer may not assign or transfer to a third party, whether
by operation of law or otherwise, the right to use the services provided
under this price list, provided however, that where there is not interruption
of use or relocation of the services, such assignment or transfer may be
made to the following:
a. Another Customer of the Company, provided that the assignee
or transferee assumes all accrued and unpaid obligations of the transferring
Customer including, but not limited to, all indebtedness for such services,
and the unexpired portion of the minimum period and the termination liability
applicable to such services if any; or
b. A court-appointed receiver, trustee or other person acting pursuant
to the laws of bankruptcy, receivership, reorganization, insolvency, liquidation
or other similar proceedings, provided that the assignee or transferee
assumes all accrued and unpaid obligations of the transferring Customer
including, but not limited to, all indebtedness for such services, and
the unexpired portion of the minimum period and the termination liability
applicable to such services, if any.
If the Customer wishes to assign or transfer the right to use services
provided under this price list, written consent of the Company is required
prior to such assignment or transfer which consent may be granted or withheld
in the sole discretion of the Company. All regulations and conditions contained
in this price list shall apply to such assignee or transferee.
The assignment or transfer of services does not relieve or discharge
the assignor or transferor from remaining jointly and severally liable
with the assignee or transferee for any obligations existing at the time
of the assignment or transfer.
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