Common use of Existing Arrangements Clause in Contracts

Existing Arrangements. As soon as practicable after the Closing Date, but in no event later than 30 days thereafter, IXC shall, and shall cause its Affiliates to, deliver any On-net or Barter Capacity bandwidth leased by PSINet from IXC or any Affiliate immediately prior to Closing, collocation in the POP's and related cross-connects (but only those cross-connects within the Available System) and interconnect facilities with IXC existing at the Closing, to be transferred to and covered by this Agreement. Bandwidth on order at the Closing Date will also be covered by this Agreement, including, without limitation this Section 4.4. Furthermore, with respect to off-net bandwidth leased or on order prior to the Closing, IXC will use commercially reasonable best efforts to provide such bandwidth On-net if and when the Available System covers the applicable routes of such off-net bandwidth. This transfer will be without penalty and without credit for prior payments, so that all payments for such bandwidth and facilities for the period commencing on the Closing Date will cease as of such transfer, provided, however, that maintenance fees as set forth in Section 8.3 will apply to such bandwidth. Multiplexing charges as set forth herein will not apply to any bandwidth so transferred unless and until PSINet reconfigures such bandwidth concurrently with such transfer or, with respect to a particular route, PSINet orders OC-12 capacity on such route.

Existing Arrangements. As soon as practicable after the Closing Date, but in no event later than 30 days thereafter, IXC shall, and shall cause its Affiliates to, deliver any On-net or Barter Capacity bandwidth leased by PSINet from IXC or any Affiliate immediately prior to Closing, collocation in the POP's and related cross-connects (but only those cross-connects within the Available System) and interconnect facilities with IXC existing at the Closing, to be transferred to and covered by this Agreement. Bandwidth on order at the Closing Date will also be covered by this Agreement, including, without limitation this Section 4.4. Furthermore, with respect to off-net bandwidth leased or on order prior to the Closing, IXC will use commercially reasonable best efforts to provide such bandwidth On-net if and when the Available System covers the applicable routes of such off-net bandwidth. This transfer will be without penalty and without credit for prior payments, so that all payments for such bandwidth and facilities for the period commencing on the Closing Date will cease as of such transfer, provided, however, that maintenance fees as set forth in Section 8.3 will apply to such bandwidth. Multiplexing charges as set forth herein will not apply to any bandwidth so transferred unless and until PSINet reconfigures such bandwidth concurrently with such transfer or, with respect to a particular route, PSINet orders OC-12 capacity on such route. -------- * Confidential material has been omitted and filed separately with the Securities and Exchange Commission.