Common use of Actions Against Third Parties Clause in Contracts

Actions Against Third Parties. Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action for damages, including consequential damages, against any third party based on any acts or omissions of such third party as such acts or omissions may affect the operation or use of the McLeodUSA Cable, or any IRU Fibers; and each party hereto shall assign such rights or claims, execute such documents and take whatever actions as may be reasonable and necessary to enable the injured party to pursue any such action against such third party.

Appears in 4 contracts

Samples: Iru Agreement, Right of Use Agreement, Indefeasible Right of Use Agreement (Norlight Telecommunications, Inc.)

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Actions Against Third Parties. Nothing contained herein shall operate as a limitation on the right of either party Party hereto to bring an action for damages, including consequential damages, against any third party party, based on any acts or omissions of such third party parties as such acts or omissions they may affect the operation or use of the McLeodUSA CableNetwork, or any IRU Fibers; and each party hereto related property or equipment. Each Party shall assign such rights or claims, execute such documents and take whatever actions as may be reasonable and necessary to enable the injured party Party to pursue any such action against such third party.

Appears in 2 contracts

Samples: Fiber Optic Sale and Maintenance Agreement, Fiber Optic Sale and Maintenance Agreement

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Actions Against Third Parties. Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action for damages, including consequential damages, against any third party based on any acts or omissions of such third party as such acts or omissions may affect the operation or use of the McLeodUSA Grantor Cable, or any IRU Fibers; and each party hereto shall assign such rights or claims, execute such documents and take whatever actions as may be reasonable and necessary to enable the injured party to pursue any such action against such third party.

Appears in 1 contract

Samples: Iru Agreement

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