Additional Capacity. (i) At any time, so long as the Grantor determines that Capacity is available on the Global Crossing Network and so long as the Grantor and Purchaser have mutually agreed upon the applicable Purchase Price, Annual Maintenance Cost Payment and Requested Activation Date, the Purchaser may elect to purchase Capacity pursuant to this Agreement in addition to that provided for in Section 2(a) hereof. (ii) The Purchaser and Grantor shall effect such election by (A) jointly executing and delivering a written Schedule 2A and (B) the Purchaser's paying the applicable Initial Payment pursuant to Section 3(a) to the Grantor's Account. Such Schedule 2A shall be deemed to be an irrevocable, unconditional agreement of the Purchaser (except as provided by Section 2(d) hereof) to (i) purchase the MCUs of Capacity specified therein for the Purchase Price specified therein (ii) pay the Purchase Price and Annual Maintenance Cost Payments specified therein when due, and (iii) comply with all other terms and conditions set forth in this Agreement.
Appears in 3 contracts
Samples: Capacity Purchase Agreement (Exodus Communications Inc), Network Agreement (Ursus Telecom Corp), Capacity Purchase Agreement (Exodus Communications Inc)