GRANT OF IRU. Subject to the terms and conditions of this Agreement, McLeodUSA grants IRU Grantee an IRU in certain Fibers in the McLeodUSA Network as specifically described in Exhibit A. The IRU includes a non-exclusive right to use tangible and intangible property in order to use the IRU Fibers, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment necessary for the operation and use of the IRU Fibers as contemplated herein (collectively, the “Associated Property”), but excluding any electronic or optronic equipment which shall be provided by IRU Grantee at its sole cost. From time to time, Dark Fiber IRUs in certain Segments may be incorporated into this Agreement by both parties executing a supplemental Exhibit in the form of Exhibit A of this Agreement. For each additional Segment in which an IRU is granted, the separate Exhibit A, executed by both parties, will be attached hereto and titled so as to identify this Agreement, the Cable Segment affected, the resulting IRU Fee and any other terms and conditions relating to the additional Segment in which an IRU is granted thereunder. Upon payment of the IRU Fee for the Segment set forth in a supplemental Exhibit, IRU Grantee shall acquire hereunder an IRU for the IRU Fibers specified in the supplemental Exhibit. IRU Grantee shall be entitled to use its IRU Fibers for any lawful purpose and hereby agrees i) to be bound by all laws, regulations and any requirements of Rights agreements, ii) to appoint McLeodUSA as its agent for any and all matters relating to the Rights if requested by McLeodUSA, iii) to notify McLeodUSA of any transfer and obtaining from any transferee undertakings to be bound by this Agreement and the terms and conditions of the Rights agreements, and iv) to be bound by the provisions of any underlying agreements McLeodUSA has with third parties.
GRANT OF IRU. Effective on the Payment Date, the Grantor grants to the Purchaser, for the term set forth in Section 12 of this Agreement, an IRU in the Purchased Capacity for which payment has been made in accordance with Section 3(b) of this Agreement. Each purchase and grant of an IRU takes place in the United States.
GRANT OF IRU. Norlight desires to obtain an IRU for optical fiber in the US Xchange Cable specifically described in Exhibit A to this Agreement. From time to time additional routes may be added by amending Exhibit A to this Agreement. For each IRU granted, a separate Exhibit A, executed by both parties, will be attached hereto, titled so as to identify the Cable route and resulting IRU. Upon Acceptance of a Segment by Norlight, US Xchange grants an IRU to Norlight for the IRU Fibers specified in the applicable Exhibit A. Upon Acceptance, US Xchange also grants a non-exclusive right to use tangible and intangible property Norlight needs to use its IRU Fibers, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment, but excluding any electronic or optronic equipment. Norlight shall be entitled to use its IRU Fibers for any lawful purposes subject to (i) agreeing to be bound by all laws, regulations and any requirements of Rights-of-Way agreements relating to access; (ii) agreeing to appoint US Xchange as its agent for matters relating to access to the Rights-of-Way; and (iii) agreeing to notify US Xchange of any transfer and obtaining from any transferee undertakings to be bound by the above as per the terms and conditions of the Rights-of-Way agreements.
GRANT OF IRU. Effective on the Initial Payment Date, the Grantor grants to the Purchaser, for the term of this Agreement, an IRU in the Adjusted Purchased Capacity for which payment has been made and shall be made in accordance with Sections 3.1 and 3.2 of this Agreement.
GRANT OF IRU. 1.01 Effective as of the effective date described in Section 6.01 below, for each particular Segment (as defined in Section 1.02 below) delivered by QWEST to BTI hereunder and with respect to which an Acceptance Date (as defined in Section 4.02 below) has occurred, QWEST hereby grants to BTI, and BTI hereby purchases from QWEST:
(a) an Indefeasible Right of Use in, for the purposes described herein, [ ] to [ ] "Dark Fibers", to be specifically identified, in the QWEST System between the city pairs and in the amounts identified on Exhibit A-2, and
(b) an associated and nonexclusive Indefeasible Right of Use, for the purposes described herein, in the tangible and intangible property needed for the use of such Dark Fibers as Dark Fibers, including, but not limited to, the associated conduit and QWEST's rights in all Underlying Rights and,
(c) to the extent provided in Article 7 herein, associated Regeneration Facilities, but in any event excluding any electronic or optronic equipment (all of the above collectively, the "Associated Property"), for the Term respecting such Segment, and all on the terms and subject to the covenants and conditions set forth herein (collectively, the "IRUs"). The Dark Fibers subject to the IRUs are referred to collectively as the "BTI Fibers."
1.02 The Segments included in this IRU Agreement, the number of BTI Fibers in each Segment and the Estimated Delivery Date for each Segment is set forth on Exhibit A-2 attached hereto.
1.03 QWEST agrees that If our (4)] of the BTI Fibers on all Segments will be assigned so that [ ] fibers are allocated to one buffer tube in the QWEST cable and the other [ ] are allocated to a separate buffer tube. In the Segments where QWEST is providing BTI with [ ] fibers, the split between the buffer tubes will be [ ] fibers in one tube and [ ] fibers in a separate tube; in Segments where QWEST is granting [ ] fibers, the split will be [ ] fibers in one tube and [ ] fibers in a separate tube.
1.04 BTI shall have an option to elect to purchase additional IRUs in [ ] Dark Fibers, to be specifically identified, in additional segments on the QWEST System (the "Additional Fibers") on the same price and terms as this IRU Agreement, provided that BTI notifies QWEST of its election to exercise this option prior to the date on which QWEST orders the fiber for the particular Additional Segment in which BTI desires to be granted an IRU. QWEST will provide BTI with a schedule of fiber order dates within 60 days after...
GRANT OF IRU. As of the Commencement Date of any Segment of the Capacity activated hereunder, EAN Network (for and on behalf of itself and its Subsidiaries) hereby grants to Asia Netcom and its Subsidiaries, and Asia Netcom (for and on behalf of itself and its Subsidiaries) hereby accepts, an exclusive indefeasible right of use in such Capacity, together with a non-exclusive, undivided right to use the relevant optical fibers and optronic and electrical equipment in the Wet Portion of the Network necessary to transmit such Capacity, all upon and subject to the terms and conditions set forth in this Agreement (collectively the “IRU”).
GRANT OF IRU. 1Subject to the terms and conditions of this Agreement the Contractor grants to the Customer an IRU in the Dark Fibre more particularly described in Schedule 1 with effect from the RFS Date and continuing for the Term, unless this Agreement is terminated earlier under Clause 10, in which event the IRU in the Dark Fibre shall terminate automatically.
GRANT OF IRU. 2.1 In consideration for the payment by Customer to Cableco of the Granting Price and the O&M Costs, Cableco grants to Customer effective as of the Granting Date an IRU in the Capacity, subject to the terms and conditions set forth in this Agreement.
2.2 The Capacity shall be provided between the Hand-off Points, and shall be presented to Customer via WorldCom leased access circuits as set forth below. The provision of the aforementioned leased circuits from the Hand-off Points to Customer's premises by Cableco shall be subject to WorldCom Technologies, Inc.'s standard terms and conditions as set forth in the WorldCom Capacity Access Service Agreement, copy of which is attached hereto as Schedule 2.
2.3 Cableco shall use commercially reasonable efforts to make the Capacity available to Customer by March 31, 1999 (the "Capacity Request Date"). Cableco shall, upon its making the Capacity available to Customer in accordance with this Subsection 2.3, demonstrate to the reasonable satisfaction of Customer the performance of such Capacity against testing criteria (to be determined in Cableco's sole discretion) to be provided by Cableco. In the event Customer makes use of the Capacity prior to the Capacity Request Date, it shall be deemed to have acknowledged that availability of such Capacity and to have delivered a notice to Cableco on such date.
2.4 Customer acknowledges that Gemini may from time to time require use of the Capacity for the purpose of conducting tests, adjustments and work and Customer shall make the Capacity available to Gemini (or to its subsidiaries or agents) for such purpose, at such times as may be necessary for such Capacity to be maintained in efficient working order. In the event Gemini shall require access to the Capacity as described in this Subsection 2.4, Cableco shall provide written notice (the "Test Notice") to Customer as soon as commercially reasonable, but in no event will the notice be less than 5 business days. In the event that delivery of the Test Notice is not commercially reasonable, Cableco shall contact Customer by telephone at such location as Customer may from time to time notify Cableco in writing immediately prior to the commencement of any such tests, adjustments or work. All such tests, adjustments or work shall be performed at such times and in such manner as shall minimize or prevent any interruption in or interference with the Capacity.
2.5 The communications capability and efficiency of any Capacity may be o...
GRANT OF IRU. 1.1 Pathnet hereby grants to Customer, and Customer hereby accepts from Pathnet, an indefeasible right to use (the "IRU"): ---
(a) Six (6) dark fibers on the segment from Chicago, IL to Denver, CO, which will be specifically identified by Pathnet in the Pathnet System, as more particularly described in Exhibit A, attached hereto and incorporated herein, and meeting the specifications set forth in Exhibit D, attached hereto and incorporated herein (the "Customer Fibers"); and in ---------------
(b) an undivided interest in the Conduit containing the Customer Fibers, calculated pro rata and based upon the ratio of the number of Fibers in the Conduit to the total number of fibers in the Conduit (the "Associated Conduit"). ------------------
1.2 The IRU is granted on the terms and subject to the covenants and conditions set forth in this Agreement. The IRU shall be exclusive as to the Customer Fibers, and nonexclusive as to the Associated Conduit. The IRU does not include the right of Customer to own, control, maintain, modify or revise the Customer Fibers or Associated Conduit, or the right of physical access to, the right to encumber in any manner, or other use of the Pathnet System except as expressly set forth herein. Customer's rights in the Customer Fibers and Associated Conduit are hereinafter referred to as the "Customer System").
1.3 Each party shall have full and complete control and responsibility for determining any network and service configuration or designs, routing configurations, regrooming, rearrangement or consolidation of channels or circuits and all related functions with regard to the use of that party's fiber.
1.4 Customer acknowledges and agrees that, except as provided in section 7.2, Pathnet is not supplying nor is Pathnet obligated to supply to Customer any optronics or electronics or optical or electrical equipment or other facilities, including without limitation, generators, batteries, air conditioners, fire protection and monitoring and testing equipment, all of which are the sole responsibility of Customer, nor is Pathnet responsible for performing any work other than as specified in this Agreement.
1.5 The Acceptance Date shall be as set forth in Section 4.1.
1.6 [Intentionally omitted.]
GRANT OF IRU. 2.1 GCCIA hereby agrees to grant, and Xxxxxxxx hereby agrees to purchase, an IRU in the Customer IRU Fibers, on and subject to the terms and conditions set forth in this Agreement.
2.2 The Customer IRU Fibers are located along the Route as described in Section 6 of Exhibit (A).
