Common use of Additional Routes Clause in Contracts

Additional Routes. Notwithstanding anything herein to the contrary, in the event IXC or any of its Affiliates adds or acquires an additional route to its system in the United States during the Reconfiguration Period, (a) the route will be deemed to be a part of the Available System if: (i) IXC or any of its Affiliates has at least 18 fibers in such route, net of the number of fibers in which IXC or any of its Affiliates shall have granted IRU's to nonaffiliated third parties pursuant to cost-saving or joint build arrangements in connection with the construction of such route (the "Net Fiber Number"), or (ii) IXC gives notice to PSINet that IXC has elected to include such route as a part of the Available System even though the Net Fiber Number in the route is less than 18; and (b)(i) if the Net Fiber Number in the route is less than 18 but more than 11, IXC shall not be obligated to provide more than two OC-12's to PSINet on the route; (ii) if the Net Fiber Number in the route is less than 12 but greater than 3, IXC will not be obligated to provide PSINet with more than one OC-3 (or at IXC's option, three DS-3's) to PSINet on the route, which OC-3 or DS-3s are subject to availability (that is, IXC may, at its option, not deliver such OC-3 or DS-3s if needed for IXC's business or if the applicable fibers have not been lit); and (iii) if the Net Fiber Number in the route is 3 or less, then IXC will not be obligated to provide PSINet with any capacity on the route. In the event IXC provides PSINet with an OC-3 pursuant to subsection b(ii) of the preceding sentence, no multiplexing charge will apply to such OC-3.

Appears in 6 contracts

Samples: Iru and Stock Purchase Agreement (Psinet Inc), Iru and Stock Purchase Agreement (Ixc Communications Inc), Iru and Stock Purchase Agreement (Ixc Communications Inc)

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