Common use of Cable Failure; NUNet Equipment Clause in Contracts

Cable Failure; NUNet Equipment. The Grantor makes no representations with respect to the Cable. Should the Cable fail to function according to its design specifications, Grantor shall assign its warranty enforcement rights to Grantee. Grantee shall be entitled to any recovery from a Third Party, and Grantee shall have the right, where allowed by law, to recover directly from that Third Party. Should the Cable fail to function for any reason, Grantee shall have the right to expeditiously replace the Cable, subject to the Grantor's review and approval of Grantee's replacement plans. Grantee shall have no responsibility for Equipment to be used solely in connection with NUNet, including without limitation, any such equipment installed or located in Grantor's Space in any New Building or at any of Grantee's facilities. To the extent Grantee realizes any proceeds from Grantor's assignment of its warranty rights to the Cable that are not expended in replacing Cable, such proceeds shall be retained by the Grantee.

Appears in 3 contracts

Samples: Agreement for the Provision of Fiber Optic Facilities and Services (Northeast Optic Network Inc), Agreement for the Provision of Fiber Optic Facilities and Services (Northeast Optic Network Inc), Agreement for the Provision of Fiber Optic Facilities and Services (Globix Corp)

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Cable Failure; NUNet Equipment. The Grantor makes no representations with respect to the Cable. Should the Cable fail to function according to its design specifications, Grantor shall assign its warranty enforcement rights to Grantee. Grantee shall be entitled to any recovery from a Third Party, and Grantee shall have the right, where allowed by law, to recover directly from that Third Party. Should the Cable fail to function for any reason, Grantee shall have the right to expeditiously replace the Cable, subject to the Grantor's ’s review and approval of Grantee's ’s replacement plans. Grantee shall have no responsibility for Equipment to be used solely in connection with NUNet, including without limitation, any such equipment installed or located in Grantor's ’s Space in any New Building or at any of Grantee's ’s facilities. To the extent Grantee realizes any proceeds from Grantor's ’s assignment of its warranty rights to the Cable that are not expended in replacing Cable, such proceeds shall be retained by the Grantee.

Appears in 1 contract

Samples: Agreement for the Provision of Fiber Optic Facilities and Services (RCN Corp /De/)

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