Common use of Capacity Purchase Clause in Contracts

Capacity Purchase. (a) GTS or an Affiliate shall purchase the exclusive right to use a dark fibre pair and other rights set out in Annex 6 Part I for the lifetime of the System *** in accordance with the key commercial terms as set out in Annex 6 Part I. The payment schedule shall be agreed between the Shareholders and set forth in the relevant purchase agreement. All payments will be made free and clear of all withholding taxes. (b) Subject to the following terms, FLAG or an affiliate of FLAG is hereby granted the following options: either (i) the option to purchase the products set out in Annex 6 Part I on the same terms as those set out in clause 7.1(a) (the "Fibre Option"); or (ii) the option to purchase up to *** of the Company's Products on the System in accordance with the key commercial terms as set out in Annex 6 Part II (the "Capacity Option"). FLAG may exercise the Capacity Option or the Fibre Option as follows:

Capacity Purchase. (a) GTS or an Affiliate shall purchase the exclusive right to use a dark fibre pair and other rights set out in Annex 6 Part I for the lifetime of the System [*** *****] in accordance with the key commercial terms as set out in Annex 6 Part I. The payment schedule shall be agreed between the Shareholders and set forth in the relevant purchase agreement. All payments will be made free and clear of all withholding taxes. (b) Subject to the following terms, FLAG or an affiliate of FLAG is hereby granted the following options: either (i) the option to purchase the products set out in Annex 6 Part I on the same terms as those set out in clause 7.1(a) (the "Fibre Option"); or (ii) the option to purchase up to [*** *****] of the Company's Products on the System in accordance with the key commercial terms as set out in Annex 6 Part II (the "Capacity Option"). FLAG may exercise the Capacity Option or the Fibre Option as follows: