Common use of Expiration or Termination Clause in Contracts

Expiration or Termination. Upon the expiration or termination of any Right before the end of the Term that is necessary in order to grant, continue or maintain an IRU granted hereunder in accordance with the terms and conditions hereof, the Term of the IRU hereunder shall automatically expire upon such expiration or termination of the Right. Notwithstanding the foregoing, in the event McLeodUSA elects to relocate the McLeodUSA Cable, this Agreement shall remain in full force and effect and the IRU Grantee shall pay McLeodUSA for IRU Grantee’s Proportionate Share of the reasonable costs and expenses incurred as a result of such relocation pursuant to Article XII herein. If the relocation is necessitated by the fault or negligence of McLeodUSA, then IRU Grantee will not be required to pay its Proportionate Share of the reasonable costs and expenses incurred as a result of such relocation pursuant to Article XII herein. McLeodUSA shall give IRU Grantee at least ninety (90) days prior notice of any pending expiration.

Expiration or Termination. Upon the expiration or termination of any Right before the end of the Term that is necessary in order to grant, continue or maintain an IRU granted hereunder in accordance with the terms and conditions hereof, the Term of the IRU hereunder shall automatically expire upon such expiration or termination of the Right. Notwithstanding the foregoing, in the event McLeodUSA XxXxxxXXX elects to relocate the McLeodUSA Cable, this Agreement shall remain in full force and effect and the IRU Grantee shall pay McLeodUSA XxXxxxXXX for IRU GranteeXxxxxxx’s Proportionate Share of the reasonable costs and expenses incurred as a result of such relocation pursuant to Article XII herein. If the relocation is necessitated by the fault or negligence of McLeodUSAXxXxxxXXX, then IRU Grantee will not be required to pay its Proportionate Share of the reasonable costs and expenses incurred as a result of such relocation pursuant to Article XII herein. McLeodUSA XxXxxxXXX shall give IRU Grantee at least ninety (90) days prior notice of any pending expiration.