Common use of CONDITION TO PURCHASER'S OBLIGATIONS Clause in Contracts

CONDITION TO PURCHASER'S OBLIGATIONS. The Purchaser's obligation to pay for an IRU with respect to any Inland Capacity connecting with any Purchased Capacity on any Segment other than Segment S-1 (for which the RFS Date has already occurred) shall terminate if the RFS Date for such Purchased Capacity has not occurred by June 30, 1999. In any such event, Grantor shall refund all amounts of Inland Capacity Purchase Price paid by the Purchaser with respect to such Inland Capacity as to which Purchaser's obligation has terminated within thirty (30) days after the applicable date.

Appears in 2 contracts

Samples: Indefeasible Right of Use Agreement (Abovenet Communications Inc), Indefeasible Right of Use Agreement (Abovenet Communications Inc)

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CONDITION TO PURCHASER'S OBLIGATIONS. The Purchaser's obligation to pay for an IRU with respect to any Inland Capacity connecting with any Purchased Capacity on any Segment other than Segment S-1 (for which the RFS Date has already occurred) shall terminate if the RFS Date for such Purchased Capacity has not occurred by June 30, 1999. In any such event, the Purchaser may terminate this Agreement in its entirety and receive a complete refund of all amounts paid hereunder or the Purchaser may terminate this Agreement only with respect to such Purchased Capacity in which case the Grantor shall refund all amounts of Inland Capacity Purchase Price paid by the Purchaser Purchaser, if any, with respect to such Inland Purchased Capacity as to which Purchaser's obligation has terminated within thirty (30) days after the applicable date.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Via Net Works Inc)

CONDITION TO PURCHASER'S OBLIGATIONS. The Purchaser's obligation to pay for an IRU with respect to any Inland Capacity connecting with any Purchased Capacity on any Segment other than Segment S-1 (for which the RFS Date has already occurred) shall terminate if the RFS Date for such Purchased Capacity has not occurred by June 30, 1999. In any such event, the Grantor shall refund all amounts of Inland Capacity Purchase Price paid by the Purchaser with respect to such Inland Purchased Capacity as to which Purchaser's obligation has terminated within thirty (30) days after the applicable date.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Abovenet Communications Inc)

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CONDITION TO PURCHASER'S OBLIGATIONS. The Purchaser's obligation to pay for an IRU (i) with respect to any Inland Capacity connecting with any Purchased Capacity on any Segment other than Segment S-1 (for which shall terminate if the RFS Date for the Purchased Capacity on Segment S-1 has already occurrednot occurred by October 15, 1998 or (ii) with respect to any other Purchased Capacity shall terminate if the RFS Date for such Purchased Capacity has not occurred by June 30, 1999. In any such event, the Grantor shall refund all amounts of Inland Capacity Purchase Price paid by the Purchaser with respect to such Inland Purchased Capacity as to which Purchaser's obligation has terminated within thirty (30) days after the applicable date.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Telemonde Inc)

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