Fiber Network. You understand and agree that the fiber installed or provided by ALLO will remain connected on the premise through the duration of your Services with us, as well as after termination of the Services. Fiber service is installed either underground or aerial, and will usually follow the same route as existing telephone or television cabling. You acknowledge that ALLO will need access to either your front or back yard, depending on your neighborhood power and communications utility locations. For new and existing single unit installations, the fiber shall become a fixture to the realty upon installation. You shall be responsible for the payment of any damages resulting from your or a third party’s negligence or misuse of the fiber network. You acknowledge and agree that you or a third party may not remove, replace, rearrange, attach to, or repair the fiber network. You may otherwise be held responsible for the cost of rectifying the fiber network and we may terminate or suspend your Services.
Fiber Network. Client understands and agrees that the fiber installed or provided by ALLO will remain connected at the Service Location(s) through the duration of ALLO’s Services, as well as after termination of the Services. Fiber service is installed either via underground or aerial, and will usually follow the same route as existing telephone or television cabling. Client shall be responsible for the payment of any damages resulting from its or a third party’s negligence or misuse of the fiber network. Client acknowledges and agrees that it or a third party may not remove, replace, rearrange, attach to, or repair the fiber network. Client may otherwise be held responsible for the cost of rectifying the fiber network, and ALLO may terminate or suspend Client’s Services.
Fiber Network. Network Provider intends to design, construct and install an up to 1 Gigabit capable fiber network (the "Fiber Network") within the geographic boundaries of the City of Overland Park, Kansas (the "Market Area"). Concurrent with or following completion of the Fiber Network, Network Provider may then design, construct and install a WiFi network (the “WiFi Network”) within the Market Area. The terms “Fiber Network” and “WiFi Network” shall sometimes be collectively referred to as the “Network.” In the event Network Provider is able to successfully construct the Fiber Network within the scope of its defined plans and objectives, Network Provider intends to utilize the Fiber Network for commercial purposes to sell and provide various broadband and video services to residents within the Market Area (the "Services"). Subject to Network Provider’s discretion to construct the WiFi Network, Network Provider may decide to deploy the WiFi Network within limited sections of the Market Area to be used for public WiFi access and subsequently for commercial purposes.
Fiber Network. The description of the Fiber comprising the Acquired Companies’ Fiber networks and the list of equipment and the location thereof used by the Acquired Companies to “light” such Fiber set forth in Section 4.23(b) of the Company Disclosure Schedule including in any .KMZ file referenced on such Section of the Company Disclosure Schedule and delivered in connection with execution of this Agreement) is complete and correct in all material respects.
Fiber Network. The fiber-optic cable, manholes, handholes and related equipment to be installed and operated by Utility in the Right-of-Way under this Agreement to provide telecommunications services within the City.
Fiber Network. (a) There are no unremediated root causes of previous material outages, failures, breakdowns or continuous periods of substandard service and material network service unavailability, or customer service credits owed as a result in the past two (2) years.
(b) Schedule 4.25(b) attached hereto includes a true and complete general description and maps of the Physical Network, including fibers and fiber miles owned or leased by the Company and the identity of any underlying provider.
(c) During the past two (2) years, the Company has not been obligated to make any material payments to any customers for failure to satisfy applicable “Service Level Agreements” with its customers.
(d) The Owned Real Property, the Leased Real Property, and Contracts furnish the Company with sufficient rights under which the Company uses and operates substantially all portions of its Physical Network (“Physical Network Property”), as the same may have been amended, supplemented or otherwise modified from time to time (“Valid Right Contracts”). To the Company’s Knowledge, the Company has not received any written notice of a violation applicable to any building, zoning, health or other Law, contractual restriction or covenant or easement in respect of the use or occupation of the Physical Network Property and improvements subject to any Valid Right Contract for the conduct of business as currently conducted or as planned to be conducted as of the date of this Agreement, in each case, which would reasonably be expected to have a Material Adverse Effect.
(e) The Company has a Valid Right, free and clear of all Liens, except for Permitted Liens, to use and operate the Physical Network and all of the material tangible personal property that they purport to own or that is used by them to operate the Physical Network as currently operated by the Company, including all necessary rights to attach, affix, maintain, repair, replace, run, lay or otherwise deploy fiber optic cable and related fiber optic equipment. No Governmental Authority or other third party has any right to purchase the Physical Network or any portion thereof.
(f) The Physical Network, taken as a whole, is, in all material respects, in good repair, working order and condition, and free from any known defects (subject to normal wear and tear), other than normal repairs in the Ordinary Course of Business, and no other assets are necessary for the use, operation or maintenance of the Physical Network consistent with past practic...
Fiber Network a. Grantee shall provide County with a construction capital credit for the construction of a fiber network connecting PEG origination sites that will be completed by Grantee on or before December 31, 2007. Once constructed this fiber network may be utilized by County for any lawful, non-commercial use for governmental or educational purposes, as determined in County’s sole discretion. This construction capital credit shall include funding for edge and switching equipment to enable the activation of origination points for the fiber network. The total amount dedicated for construction credits shall be $620,206. The Construction Cost, as defined in Exhibit F, consists of $496,195 dedicated to constructing locations to be mutually agreed upon, $5,607 which is the County’s allocated portion of the costs associated with origination sites for PEN-TV and $118,404 as the County’s allocated portion of edge and switching equipment necessary to enable the activation of origination sites for voice, video and data use throughout the entire fiber network.
b. To the extent County chooses to apply the construction credits to construct the fiber network, Grantee agrees to build the network at a cost “not to exceed” the Construction Cost.
c. The County is permitted to reduce the Construction Cost of the network and reallocate the funds for additional PEG access capital funds in the County’s discretion. In determining whether to transfer funds from network Construction Cost to local PEG equipment use, the County agrees that it will make a final decision regarding the transfer of funds on or before ninety (90) days following the effective date of this Franchise. County acknowledges that it must coordinate the elimination of any specified locations with Grantee to determine the precise financial impact such modification may have on the total Construction Cost. Grantee agrees to promptly provide cost information for specified locations to facilitate County’s decision. Any funds transferred from Construction Cost to PEG access capital funds shall be paid to the County on or before January 31, 2007.
Fiber Network. Fiber construction shall consist of two (2) dedicated fibers connected between the Fiber Network Sites and the San Mateo County Government Center.
Fiber Network. The description of the Fiber comprising the Acquired Companies’ Fiber networks and the list of equipment and the location thereof used by the Acquired Companies to “light” such Fiber set forth in Section 3.23(b) of the Company Disclosure Schedule including in any .KMZ file referenced on such Section of the Company Disclosure Schedule and delivered in connection with execution of this Agreement) is true and complete in all material respects (subject to additional Fiber and equipment acquired after the date hereof in the ordinary course of business consistent with past practice and in compliance with the terms of this Agreement).
