Fiber IRU. At the Closing, IXC, as the owner of the Base IRU, shall grant to PSINet a noncancellable IRU in two fibers in the portion of the Available System completed at the Closing (the "IXC Fibers") to the extent necessary to carry one OC-48 (the "PSINet Fiber IRU"). At or prior to the Closing, IXC shall specify the fibers in the applicable routes in which such IRU is granted. Except as set forth in the Collocation Agreement and Section 7.4(b) below, at no time shall PSINet be entitled to have physical access to the IXC Fibers. IXC agrees that it has no right to use the portion of the IXC Fibers comprising the PSINet Fiber IRU during the Term (as defined).
Fiber IRU. At the Closing, IXC, as the owner of the Base IRU, shall grant to PSINet a noncancellable IRU in two fibers in the portion of the Available System completed at the Closing (the "IXC Fibers") to the extent necessary to carry one OC-48 (the "PSINet Fiber IRU"). At or prior to the Closing, IXC shall specify the fibers in the applicable routes in which such IRU is granted. Except as set forth in the Collocation Agreement and Section 7.4(b) below, at no time shall PSINet be entitled to have physical
Fiber IRU. Before the second Grant Payment Milestone, Participant and MassTech will execute an agreement under which Participant grants to MassTech an indefeasible right to use three (3) strands of dark (unlit) fiber at each funded location to include accessible service coils at ingress/egress points of any fiber extension and drop (“IRU Agreement”). Execution of the IRU Agreement is a pre-requisite for the second Grant Milestone Payment.
