Grant of Cogent IRU/Lease Rights Sample Clauses

Grant of Cogent IRU/Lease Rights. The parties hereby agree that the Dark Fibers in the route segments described in Exhibit A to this Amendment (the “Interconnects”) shall be considered Cogent Fibers and each of the Interconnects shall be considered a Major Segment under the Agreement subject to the terms and conditions set forth in this Amendment; provided, however, that Sections 2.4, 3.1, 3.2 and 3.3 of the Agreement shall not apply to the Interconnects. In the event that, subsequent to the date of this Amendment, Williams constructs an alternate fiber route between the origin and destination of any of the Interconnects, as specifically described in Exhibit A to this Amendment, and intends to sell Dark Fibers within such alternate route, Williams may offer Cogent the right to exchange its IRU in up to two (2) of the Cogent Fibers in the affected Interconnect for up to two (2) fiber strands on the new alternate route in order to provide Cogent with diverse routing. If, in any such exchange, the Fiber Miles of the fibers in the new alternate route exceed the Fiber Miles of the Cogent Fibers to be exchanged, then Cogent shall pay, as additional Contract Price, the amount determined by multiplying the per Fiber Mile price for the affected Interconnect set forth in Exhibit A by such excess Fiber Miles. Notwithstanding any of the provisions above, the decision to allow Cogent to exchange Cogent Fibers in any Interconnect with fiber strands in new alternate routes as described above will be at Williams’ sole and absolute discretion. If an exchange is agreed upon pursuant to the foregoing provisions, the parties will enter into an amendment to the Agreement identifying the Interconnect(s) affected thereby, establishing new Interconnects under the Agreement, increasing the Contract Price (if applicable) and setting forth Scheduled Delivery Dates and other necessary information applicable to any new Interconnect.