Fiber Transfer Clause Samples

Fiber Transfer. 47 Deliveries by LP Canada at the Fiber Transfer. ................................. 47 Deliveries by the Canadian Purchaser at the Fiber Transfer. ............. 47 Adjustment of the Purchase Price for a Fiber Shortfall. .................... 48
Fiber Transfer. KNOLOGY hereby transfers all right, title and interest in eight fibers (the "Fibers") to be designated as the City's I-Net, such I-Net to be installed by KNOLOGY by December 31, 1999, in and along the Routes identified in Exhibit A attached hereto. The City recognizes and acknowledges that the City will be responsible for purchasing, leasing, installing, maintaining and operating any and all equipment and electronics necessary for the City to use the Fiber. There will be no charge to the City for the construction or use of the I-Net, or for its installation or maintenance by KNOLOGY provided however, KNOLOGY shall have no obligation to maintain the Fiber after the termination of this Agreement or in the event the Agreement is not renewed. KNOLOGY will be responsible for maintaining and repairing the I-Net, in accordance with its internal procedures and commercially reasonable industry standards. The City agrees that it will not perform any maintenance and repair on the I-Net, without the prior written consent of KNOLOGY. Upon KNOLOGY's reasonable request, the City agrees to provide reasonable cooperation and non-financial assistance in KNOLOGY's efforts to deploy and construct the I-Net. The City agrees that the equipment and electronics utilized by the City in connection with the I-Net will not interfere with or impair any of the services or facilities owned, leased or operated by KNOLOGY in connection with the System deployed along the Routes. The City agrees that KNOLOGY will have no liability or obligation with respect to the City's use of the I-Net other than as set forth in this Agreement. KNOLOGY makes no representations or warranties, express or implied, regarding the I-Net, including, without limitation, any warranties as to merchantability or fitness for the use intended.

Related to Fiber Transfer

  • Other Transfers (a) Upon receipt of Proper Instructions, the Custodian shall transfer to or receive from a third party that has been appointed to serve as an additional custodian of one or more Portfolios (an "Additional Custodian") securities, cash and other assets of such Portfolio(s) in accordance with such Proper Instructions. Each Additional Custodian shall be identified as such on Appendix "B", as the same may be amended from time to time in accordance with the provisions of Section 9.06(c) hereof. (b) Upon receipt of Special Instructions, the Custodian shall make such other dispositions of securities, funds or other property of a Portfolio in a manner or for purposes other than as expressly set forth in this Agreement, provided that the Special Instructions relating to such disposition shall include a statement of the purpose for which the delivery is to be made, the amount of funds and/or securities to be delivered, and the name of the person or persons to whom delivery is to be made, and shall otherwise comply with the provisions of Sections 3.01 and 3.03 hereof.

  • Improper Transfer Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant’s interest in this Lease or the Premises except as expressly permitted herein, or Tenant’s interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action.

  • Data Transfer 11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

  • Further Transfers The Seller shall execute and deliver ----------------- such further instruments of conveyance and transfer and take such additional action as the Purchaser may reasonably request to effect, consummate, confirm or evidence the transfer to the Purchaser of the Acquired Assets and any other transactions contemplated hereby.

  • Servicing Transfer In the event that a successor Master Servicer is appointed pursuant to the Pooling and Servicing Agreement, from and after the effective date of such transfer of servicing, the successor Master Servicer appointed pursuant to the Pooling and Servicing Agreement, and not the former Master Servicer, shall (a) be responsible for the performance of all servicing functions to be performed from and after such date, (b) agree to be bound by the terms, covenants and conditions contained herein applicable to the Master Servicer and be subject to the duties and obligations of the Master Servicer hereunder, and (c) agree to indemnify and hold harmless the Credit Enhancement Provider from and against any and all claims, damages, losses, liabilities, costs or expenses whatsoever which the Credit Enhancement Provider may incur (or which may be claimed against the Credit Enhancement Provider) by reason of the gross negligence or willful misconduct of the successor Master Servicer in exercising its powers and carrying out its obligations under the Pooling and Servicing Agreement and the Series Supplement. Such transfer of servicing shall not affect any rights or obligations of the former Master Servicer under this Agreement that arose prior to the effective date of the transfer of servicing, except that such former Master Servicer shall have no obligation to indemnify the Credit Enhancement Provider as a result of any act or failure to act of any successor Master Servicer in the performance of the servicing functions.