ASSIGNMENT AND USE OF CAPACITY Sample Clauses

ASSIGNMENT AND USE OF CAPACITY. ALLOCATED CAPACITY 14.1 Parties shall obtain Allocated Capacity in return for their financial investment in SEA-ME- WE 3 in accordance with Schedule F. Allocated Capacity shall comprise Assigned Capacity, Reserve Capacity and Pool Capacity. ASSIGNED CAPACITY 14.2 The Assigned Capacity shall be assigned in specific Paths of SEA-ME-WE-3 in accordance with Schedule F. Assigned Capacity shall be utilised to establish Path Assignments as follows: (i) Jointly assigned MIUs in a Path Assignment shall be considered as consisting of two half-interests in MIU, with one half-interest assigned to a Party, which together with the corresponding half interest, shall be used for the provision of international telecommunications services between such a Party and another Party or a SEA-ME-WE 3 IRU purchaser. (ii) Wholly-assigned MIUs in a Path Assignment shall be considered as consisting of two-half interests in a MIU assigned to one Party. Such wholly-assigned MIUs may only be assigned to the indicated Party for provision of its "within country" traffic, subject to the approval of the Management Committee. 14.3 Each Party shall designate its remaining Allocated Capacity to either Reserve Capacity or Pool Capacity, or allocate a portion to each category. RESERVE CAPACITY 14.4 Any Party having Reserve Capacity may, at times approved by the Management Committee, have such capacity, or a portion thereof redesignated to its Assigned Capacity. In the event that such a redesignation of capacity will result in a Segment or fibre in SEA-ME-WE 3 exceeding a threshold level which may cause a bottleneck in SEA- ME-WE 3, the Management Committee's approval for such a redesignation of capacity shall be required. The AR&RSC will recommend to the Management Committee for their approval such an appropriate threshold level. 14.5 A Party may only transfer capacity from Reserve Capacity to Pool Capacity following the approval of the Management Committee. 14.6 Any Party having Reserve Capacity may utilise such capacity for its own half-interest in the provision of temporary or occasional telecommunications services. POOL CAPACITY 14.7 Pool Capacity shall comprise that capacity available for the sale of SEA-ME-WE 3 IRUs in accordance with this Paragraph 14. 14.8 A Party may transfer capacity from Pool Capacity to Reserve Capacity as follows: (i) once a year after the effective date of this Agreement, a Party may convert all, or a portion of such capacity to Reserve Capacity, in accordance with ...
Sample 1
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ASSIGNMENT AND USE OF CAPACITY. 13.1. The Assignable Capacity owned by each Signatory is described in Schedule D. Assignable Capacity shall be purchased and sold or otherwise disposed of (including by way of the grant of IRU) only by way of half or whole interests in MIUs and in accordance with this Paragraph 13. 13.2. Either before or after the RFPA Date, the Founding Signatory may convey interests in its Assignable Capacity as shown in Schedule D to other Signatories and/or other International Telecommunications Entities by sale of ownership, grant of IRU, lease, rental or such other basis as may be agreed between the Founding Signatory and the acquiring party. International Telecommunications Entities acquiring OWNERSHIP INTERESTS shall become Signatories pursuant to Paragraph 30.3. The Founding Signatory shall not make Assignable or Latent Capacity available directly to the public or to any International Telecommunications Entity that is not authorized under the laws and regulations of the Country of the Landing Party Signatory where such Capacity terminates, and shall not make Assignable Capacity available to an Affiliate of the Founding Signatory except at a price that reflects fair market value. 13.3. A Signatory (other than the Founding Signatory) shall not, without the consent of the Founding Signatory, transfer to other Signatories and/or other International Telecommunications Entities, Assignable Capacity between two given FLAG Interface Points, unless all of the Design Capacity between the same FLAG Interface Points has been transferred by the Founding Signatory to other Signatories or International Telecommunications Entities, except as provided for in Paragraphs 13.4, 13.5 and 13.
Sample 1
ASSIGNMENT AND USE OF CAPACITY. 10.1 A Ring-MIU will only be assigned on a wholly-owned basis between System Interface locations in accordance with Schedule D. 10.2 A Ring-MIU will be the minimum assignable capacity.
Sample 1
ASSIGNMENT AND USE OF CAPACITY. (A) MIU(S) may be wholly or jointly used by Party(s), and/or Telecommunications Entity(s). (B) A Party may re quest to reassign one or more of its Wholly Owned MIUs from one Path to different Path(s), twice a year at a specified date, or as determined by the General Committee. Such reassignment shall be in a number of Wholly Owned MIU(S) in the new chosen Path(s), which corresponds to the same value of the Wholly Owned MIU(S) in the old Path. The number of Wholly owned MIU(S) in the new chosen Path(s) is calculated by multiplying the number of Wholly Owned MIU(S) in the old Path by the MIU price of the old Path as defined in Subparagraph 1 1 (B) and fixed at the RFCS Date, and dividing that product by the MIU price of the new Path(s) as defined in Subparagraph II (B) and fixed at the RFCS Date. Any fraction of a Wholly Owned MIU in the new chosen Path(s) may be: i) waived without any compensation, or ii) completed to an exact number of the corresponding Wholly Owned MIUs in the new chosen Path(s) at the requesting Party's charge. In such a case the relevant funds shall be distributed among the Parties according to their Ownership as specified in Schedule C. Such additional fraction of Wholly Owned MIU shall be paid at a Standard IRU Capacity price in force at the moment of such acquisition. Any Wholly Owned MIU resulting from the combination of a fractional interest of the reassigned capacity together with a fractional interest on a Standard IRU Capacity basis, shall be considered as Standard IRU Capacity. It is not permitted to include in the Wholly Owned MIUs Pool any Wholly Owned MIU which has been reassigned from its oriinal Path to a different Path. The Party requesting to reassign one or more of its Wholly Owned MIUs from one Path to different Path(s) shall also pay the costs regarding the use of the Cable Stations in the new chosen Path(s) as provided in Paragraph 16 and/or 17 as appropriate, the operation and maintenance costs in the new chosen Path(s), and any administrative costs that this reassignment of Wholly Owned MIUs may involve. The NA shall modify the relevant Schedules as appropriate. The NA and the AR&R Subcommittee will jointly define, as necessary, procedures to be applied in case of reassignments of Wholly Owned MIUs by Path, for approval by the General Committee. (C) The General Committee may decide on an expansion of the Notional Capacity. For such decision the agreement of the Parties holding interests in the Wholly Owned MIUs Poo...
Sample 1
ASSIGNMENT AND USE OF CAPACITY. 14.1 The Capacity of the TIS can only be used by a Carrier. 14.2 The Parties shall obtain Allocated Capacity in the form of MIUs on an ownership basis as shown in Schedule B. 14.3 Procedures for Parties activation of their Allocated Capacity will be developed by the T&OSC and the NA for MC approval. 14.4 A Party is allowed to use its Allocated Capacity for the provision of international telecommunications services with/by itself and its Associate companies provided that the users of the capacity are also Carriers and that such Associate companies are not operating in the other Party's landing countries except in the Party's landing country. 14.5 For the purpose of this Agreement, transfer of Allocated Capacity (hereinafter referred to as "Transfer") is the making available of all the right of use of the capacity to an Associate company without transferring the Party's other obligations and rights.
Sample 1
ASSIGNMENT AND USE OF CAPACITY. 10.1 A Ring-MIU will only be assigned on a wholly-owned basis between System Interface locations in accordance with Schedule D. 10.2 A Ring-MIU will be the minimum assignable capacity. 10.3 Each Ring-MIU may be assigned individually for the provision of service in MAYA-1 between the corresponding System Interface locations. 10.4 A Ring-MIU in the Ring will be portable and shall be allowed to originate or terminate a 2.0 Mbps bearer in one of any cable stations in accordance with the procedures developed by the Network Administrator. 10.4.1 The holder of a Ring-MIU is permitted to move its termination from one cable station to another cable station in accordance with Subparagraph 16.3.3
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Related to ASSIGNMENT AND USE OF CAPACITY

  • ASSIGNMENT AND SUB-LETTING Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement.

  • ASSIGNMENT AND SUB-CONTRACTING The benefit and burden of this Contract may not be assigned or sub-contracted in whole or in part by the Contractor without the prior written consent of the Department. Such consent may be given subject to any conditions which the Department considers necessary. The Department may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the Contractor.

  • Assignment and Novation 34.1 The Supplier shall not assign, novate, or otherwise dispose of or create any trust in relation to any or all of its rights, obligations or liabilities under this Framework Agreement or any part of it without Approval. 34.2 The Authority may assign, novate or otherwise dispose of any or all of its rights, liabilities and obligations under this Framework Agreement or any part thereof to: 34.2.1 any Other Contracting Body; or 34.2.2 any Central Government Body or other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Authority; or 34.2.3 any private sector body which substantially performs the functions of the Authority, and the Supplier shall, at the Authority’s request, enter into a novation agreement in such form as the Authority shall reasonably specify in order to enable the Authority to exercise its rights pursuant to this Clause 34.2. 34.3 A change in the legal status of the Authority such that it ceases to be a Contracting Body shall not, subject to Clause 34.4 affect the validity of this Framework Agreement and this Framework Agreement shall be binding on any successor body to the Authority. 34.4 If the Authority assigns, novates or otherwise disposes of any of its rights, obligations or liabilities under this Framework Agreement to a body which is not a Contracting Body or if a body which is not a Contracting Body succeeds the Authority (both “Transferee” in the rest of this Clause) the right of termination of the Authority in Clause 30.4 (Termination on Insolvency) shall be available to the Supplier in the event of the insolvency of the Transferee (as if the references to Supplier in Clause 30.4 (Termination on Insolvency)) and to Supplier or Framework Guarantor or Call Off Guarantor in the definition of Insolvency Event were references to the Transferee.

  • ASSIGNMENT/SUB-CONTRACTING The Contractor agrees that he will not sell, assign or transfer this Agreement or any part thereof or interest therein without the prior written consent of the Owner.

  • Assignment and Subleasing During the Lease Term, the Lessee may assign, sublease or transfer to any Person, at any time, in whole or in part, its right, title or interest in, to or under this Lease or any portion of the Leased Property without the prior written consent of the Lessor so long as (v) any such assignment, sublease or transfer would not subject the Lessor to a violation of laws or regulations applicable to the Lessor including those promulgated by OFAC, (w) no Event of Default shall have occurred and be continuing or, after giving effect to such assignment, sublease or transfer, would exist, (x) any such sublease is expressly subject and subordinate to this Lease, (y) Lessee remains liable for all obligations under this Lease after giving effect to any such assignment, sublease or transfer, and (z) Lessor retains all of its interests in and benefits of the Cash Collateral and receives prior certification thereof from the Lessee and such other evidence thereof as the Lessor may reasonably request. Unless and until Lessee has exercised the Early Termination Option or the Purchase Option, no sublease may have a term that extends beyond the Base Term Expiration Date. In all cases, Lessee will promptly provide Lessor copies of each such assignment, sublease or transfer. No sublease will discharge or diminish any of the Lessee’s obligations hereunder and the Lessee shall remain directly and primarily liable under the Lease with respect to the Leased Property and the Operative Documents to which it is a party. Each sublease permitted hereby shall be made and shall expressly provide in writing that it is subject and subordinate to this Lease and the rights of the Lessor hereunder, shall expressly provide for the surrender of the Leased Property by the sublessee at the election of the Lessor after an Event of Default, shall provide that such provisions may be directly enforced by the Lessor and shall provide that such sublessee expressly agrees to comply with the use restrictions set forth in Article X hereof. Notwithstanding the first paragraph of this Article XII, Lessee may not assign or transfer its rights and obligations under this Lease and the other Operative Documents unless (a) on the effective date of any such assignment and transfer, no Event of Default exists, (b) the parties enter into an assignment agreement in form and substance reasonably satisfactory to the Lessor, (c) all filings of or in respect of any such assignment and transfer necessary to protect the rights of the Lessor in the Leased Property and the other Operative Documents are made in a timely fashion, (d) without limiting any provisions of this Article XII, any such assignment and transfer shall include an appropriate provision for the operation, maintenance and insurance of the Leased Property in accordance with the terms hereof, (e) the Lessor shall have received opinions of counsel with respect thereto and such other matters as the Lessor may reasonably request, (f) such assignment and transfer will not result in a Material Adverse Effect, (g) such assignment and transfer will not result in the imposition of any unindemnified Taxes, (h) the Lessor shall have received such other documents and instruments and the Lessee shall take such further acts as the Lessor may reasonably request to evidence and facilitate such assignment and transfer, provided that no such document or instrument shall increase Lessee’s obligations or diminish Lessee’s rights under the Operative Documents or otherwise, and (i) such assignment and transfer will not, with respect to the Lessor, violate the use restrictions set forth in Article X hereof or Applicable Laws and provided, further that, Lessee shall provide to the Lessor not less than thirty (30) days’ prior written notice of such assignment or transfer, such notice to identify the assignee or transferee. No such assignment and transfer will diminish or discharge any of the Lessee’s obligations under this Lease or the other Operative Documents.

  • Assignment or Amendment This Agreement may not be amended, or the rights of OFI hereunder sold, transferred, pledged or otherwise in any manner encumbered without the affirmative vote or written consent of the holders of the "majority" of the outstanding voting securities of the Company. This Agreement shall automatically and immediately terminate in the event of its "assignment," as defined in the Investment Company Act.

  • Assignment and Subcontractors Provider shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the prior written consent of the DISTRICT, which may be withheld by the DISTRICT in its sole and absolute discretion for any reason. Nothing contained herein shall prevent Provider from employing independent associates, subcontractors, and sub consultants as Provider may deem appropriate to assist in the performance of services herein, subject to the prior written approval of the DISTRICT. Any attempted assignment, sublease, or transfer in violation of this Agreement shall be null and void, and of no force and affect. Any attempted assignment, sublet, or transfer in violation of this Agreement shall be grounds for the DISTRICT, in its sole discretion, to terminate the Agreement.

  • Assignment and Enurement This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. This Agreement may not be assigned by any party hereto without the prior consent of the other Parties hereto.

  • Assignment or Sub-Contracting The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned or sub-contracted by Contractor without the express written consent of County. Any attempt by Contractor to assign or sub-contract the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

  • SUBCONTRACT AND ASSIGNMENT This Agreement binds the heirs, successors, assigns and representatives of the Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the General Manager of the Agency or his designee, subject to any required state or federal approval. (Note: list any subcontractors here)

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