Common use of FiveCom Obligations Clause in Contracts

FiveCom Obligations. (a) FiveCom shall use its best commercial efforts to obtain and maintain, at its sole cost and expense, any and all necessary permits, licenses, easements, franchises and approvals that may be required by federal, state or local law, statute, regulation or ordinance and shall continuously comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to (1) its operation or use of the FiveCom Fibers installed in connection with this Agreement, (2) FiveCom's connection, installation, maintenance and operation of equipment on the Non-Network Side of the each Connection, and (3) FiveCom's other rights and obligations under this Agreement. (b) FiveCom shall ensure that its customers obtain and maintain any and all necessary permits, licenses, easements, franchises and approvals that may be required by federal, state or local law, statute, regulation or ordinance and comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to the FiveCom's customers' use of or receipt of service on the Cable. (c) If FiveCom, its customers or any permitted assignee shall at any time fail to maintain such approvals or comply with all applicable legal requirements described in paragraphs (a) and (b) above, BecoCom may terminate this Agreement under Section 17.1, without liability and without restriction to any other legal, equitable, or administrative remedy available to BecoCom. FiveCom shall indemnify and hold harmless BecoCom and its Affiliates and their respective officers, directors, employees, agents, and assigns from any loss, damage, claims or proceedings to the extent resulting from the failure of FiveCom, its customers, their contractors or their subcontractors to comply with this Section 15.

Appears in 2 contracts

Samples: Fiber Optic Use Agreement (Northeast Optic Network Inc), Fiber Optic Use Agreement (Northeast Optic Network Inc)

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FiveCom Obligations. (a) FiveCom shall use its best commercial efforts to obtain and maintain, at its sole cost and expense, any and all necessary permits, licenses, easements, franchises franchises, and approvals that may be required by federal, state or local law, statute, regulation or ordinance and shall continuously comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to (1) its operation or use of the FiveCom Fibers installed in connection with this Agreement, (2) FiveCom's connection, installation, maintenance and operation of equipment on the Non-Network Side of the each Connection, and (3) FiveCom's other rights and obligations under this Agreement. (b) FiveCom shall ensure that its customers obtain and maintain any and all necessary permits, licenses, easements, franchises and approvals that may be required by federal, state or local law, statute, regulation or ordinance and comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to the FiveCom's customers' use of or of, receipt of service on on, or operation of the Cable. (c) If FiveCom, its customers or any permitted assignee shall at any time fail to maintain such approvals or comply with all applicable legal requirements described in paragraphs (a) and (b) above, BecoCom XXXX Com may terminate this Agreement under Section 17.1, without liability and without restriction to any other legal, equitable, or administrative remedy available to BecoComXXXX Com. Further, FiveCom shall indemnify and hold harmless BecoCom XXXX Com and its Affiliates and their respective officers, directors, employees, agents, and assigns from any loss, damage, claims or proceedings to the extent resulting from the failure of FiveCom, its customers, their contractors or their subcontractors to comply with this Section 15.

Appears in 2 contracts

Samples: Fiber Optic Lease Agreement (Northeast Optic Network Inc), Fiber Optic Lease Agreement (Northeast Optic Network Inc)

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