EACH PARTY TO THE DISPUTE SHALL BEAR ITS OWN EXPENSES ARISING OUT OF THE
ARBITRATION, EXCEPT THAT THE PARTIES SHALL SHARE THE EXPENSES OF THE FACILITIES
TO CONDUCT THE ARBITRATION AND THE FEES OF THE ARBITRATOR EQUALLY.
19.4
INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE.
(A)
THE FOREGOING AND SECTION 22.8 BELOW NOTWITHSTANDING, EACH PARTY
SHALL HAVE THE RIGHT TO SEEK INJUNCTIVE RELIEF IN ANY PERMITTED COURT OF LAW OR
EQUITY TO PRESERVE THE STATUS QUO PENDING RESOLUTION OF THE DISPUTE AND ENFORCE
ANY DECISION RELATING TO THE RESOLUTION OF THE DISPUTE.
(B)
IF SUPPLIER MATERIALLY BREACHES ITS OBLIGATIONS WITH RESPECT TO
PLANNING FOR CUTOVER SET FORTH IN ARTICLE IV, SUPPLIER AGREES THAT FAIRPOINT
WOULD BE IRREPARABLY HARMED, AND, WITHOUT ANY ADDITIONAL FINDINGS OF IRREPARABLE
INJURY OR HARM OR OTHER CONSIDERATIONS OF PUBLIC POLICY, FAIRPOINT SHALL BE
ENTITLED TO APPLY TO A COURT OF COMPETENT JURISDICTION FOR AND, PROVIDED
FAIRPOINT FOLLOWS THE APPROPRIATE PROCEDURAL REQUIREMENTS (INCLUDING NOTICE AND
AN AFFIDAVIT THAT
FAIRPOINT HAS NOT FAILED TO PERFORM
33
ITS MATERIAL OBLIGATIONS SET FORTH IN ARTICLE IV).
SUPPLIER SHALL NOT OPPOSE
THE GRANTING OF AN INJUNCTION COMPELLING SPECIFIC PERFORMANCE BY THE SUPPLIER OF
ITS OBLIGATIONS UNDER ARTICLE IV OF THIS AGREEMENT WITHOUT THE NECESSITY OF
POSTING ANY BOND OR OTHER SECURITY.
ARTICLE XX
PLANT WORK RULES AND RIGHT OF ACCESS
20.1
COMPLIANCE.
SUBJECT TO ANY POLICIES AND
PROCEDURES PROVIDED AS SET FORTH IN ARTICLE XII ABOVE, THE EMPLOYEES,
SUBCONTRACTORS AND AGENTS OF THE PARTIES, WHILE ON THE PREMISES OF THE OTHER,
SHALL COMPLY WITH ALL REASONABLE AND CUSTOMARY PLANT RULES, REGULATIONS AND
STANDARDS FOR SECURITY WHICH ARE NOT IN VIOLATION OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
20.2
ACCESS TO FACILITIES.
EACH PARTY SHALL PERMIT
REASONABLE ACCESS COMMENSURATE WITH THE REQUIREMENTS OF THE TASKS TO BE
PERFORMED DURING NORMAL WORKING HOURS TO ITS FACILITIES THAT ARE USED IN
CONNECTION WITH THE PERFORMANCE OF TRANSITION SERVICES.
NO CHARGE SHALL BE MADE
FOR SUCH VISITS.
REASONABLE PRIOR NOTICE SHALL BE GIVEN WHEN ACCESS IS
REQUIRED.
20.3
COMPUTER MATTERS.
SUBJECT TO ANY POLICIES AND
PROCEDURES PROVIDED AS SET FORTH IN ARTICLE XII ABOVE, TO THE EXTENT THAT THE
TRANSITION SERVICES INCLUDE A PARTY'S ACCESS TO COMPUTER SUPPORT SYSTEMS OR
ELECTRONIC DATA STORAGE SYSTEMS OF THE OTHER PARTY OR ITS AFFILIATES, WHETHER
ON-SITE OR THROUGH REMOTE FACILITIES, THE ACCESSING PARTY SHALL USE SUCH
COMPUTER SUPPORT SYSTEMS SOLELY FOR THE PURPOSE OF PROVIDING OR RECEIVING
TRANSITION SERVICES.
AN ACCESSING PARTY OR ITS AFFILIATES SHALL NOT ACCESS OR
ATTEMPT TO ACCESS ANY COMPUTER SYSTEM, ELECTRONIC FILE, SOFTWARE OR OTHER
ELECTRONIC SERVICES OTHER THAN THOSE SPECIFICALLY REQUIRED TO ACCOMPLISH OR
RECEIVE THE TRANSITION SERVICES REQUIRED UNDER THIS AGREEMENT.
UNDER NO
CIRCUMSTANCES SHALL EITHER PARTY'S PERSONNEL ACCESS ANY NETWORKS OR FACILITIES
OF THE OTHER PARTY FOR THE PURPOSE OF ACCESSING OTHER EXTERNAL NETWORKS, NOR
SHALL ANY SUCH CAPABILITIES FOR SUCH ACCESS BE PUBLISHED OR MADE KNOWN VIA ANY
MEDIUM, AS FOR EXAMPLE AND NOT BY WAY OF LIMITATION, POSTING ON BULLETIN BOARDS
OR E-MAIL.
ANY SUCH USE OR PUBLICATION