Common use of Cost and Means of Right of Way Acquisitions Clause in Contracts

Cost and Means of Right of Way Acquisitions. The Grantee shall be responsible for, and the Grantor shall cooperate in, the acquisition of any easement or right-of-way rights that may be required in order to permit (1) the installation, operation and maintenance of the Cable on the Route or (ii) the use of the NEON Network fibers by Grantee. New easements obtained by Grantee shall be assigned to Grantor, if possible. If the use of the power of eminent domain is necessary in order to acquire any additional right-of-way rights required for the use of the NEON Network fibers by Grantee, then any required condemnation action shall be brought by Grantee in its own behalf, if such action is available to Grantee. Any easement or right obtained by the Grantee by using the power of eminent domain shall be subsequent and subordinate to any existing rights of the Grantor. Except in the case of condemnation by Grantee, Grantor shall exert its best efforts to minimize the cost of such additional land or rights in land. In the event that additional rights are required by both parties the cost of the acquisition of such additional rights shall be shared by the parties pro rata based on the number of fibers controlled by each party. This Section is not intended as an acknowledgment by either party that any such acquisition of additional rights is required but only to allocate the responsibility for such acquisition if required.

Cost and Means of Right of Way Acquisitions. The Grantee NEON Optica shall be responsible for, and the Grantor NU shall cooperate in, the acquisition of any easement or right-of-way rights that may be required in order to permit (1i) the installation, operation and maintenance of the Cable on the Route or (ii) the ownership and use of the NEON Network fibers by GranteeNEON Optica. New easements obtained by Grantee NEON Optica shall be assigned assignable to GrantorNU, if possible. If the use of the power of eminent domain is necessary in order to acquire any additional right-of-way rights required for the use of the NEON Network fibers by GranteeNEON Optica, then any required condemnation action shall be brought by Grantee NEON Optica in its own behalf, if such action is available to GranteeNEON Optica. Any easement or right obtained by the Grantee NEON Optica by using the power of eminent domain shall be subsequent and subordinate to any existing rights of the GrantorNU. Except in the case of condemnation by GranteeNEON Optica, Grantor NU shall exert its best efforts to minimize the cost of such additional land or rights in land. In the event that additional rights are required by both parties the cost of the acquisition of such additional rights shall be shared by the parties pro rata based on the number of fibers controlled by each party. This Section is not intended as an acknowledgment by either party that any such acquisition of additional rights is required but only to allocate the responsibility for such acquisition if required.