Common use of GRANT OF IRU Clause in Contracts

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. Subject to the terms and conditions of this Agreement, McLeodUSA XxXxxxXXX grants IRU Grantee an IRU in certain Fibers Xxxxxx 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 XxXxxxXXX as its agent for any and all matters relating to the Rights if requested by McLeodUSAXxXxxxXXX, iii) to notify McLeodUSA XxXxxxXXX 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 XxXxxxXXX has with third parties.

GRANT OF IRU. Subject 3.01 As of the Effective Date for each particular Segment of Grantee Fiber delivered by Grantor to Grantee hereunder, Grantor hereby grants to Grantee, and Grantee hereby acquires from Grantor (i) an exclusive indefeasible right of use in, for the purposes described herein, the number of fibers set forth in Exhibit "A" to be specifically identified in the Cable between the Segment End Points for such Segment (the "Grantee Fibers"); and (ii) an associated and non-exclusive indefeasible right of use, for the purposes described herein, in the Associated Property respecting such Segment, all upon and subject to the terms and conditions of this Agreementset forth herein (collectively the "IRU"). 3.02 Grantee may, McLeodUSA grants IRU by written notice (a "Fiber Upgrade Notice") delivered to Grantor, inform Grantor that Grantee desires to purchase an IRU in certain additional fibers (whether of the same type as the Grantee Fibers or otherwise) either (a) along the same System Route as the Grantee Fibers, or (b) within planned extensions to the then-existing Grantor System. In the event that Grantor subsequently determines to install such additional fibers, then Grantor shall notify Grantee of such determination. 3.03 In the event that Grantee has delivered a Fiber Upgrade Notice and Grantor has received such notice prior to its determination to install additional fibers, Grantor and Grantee shall negotiate in good faith concerning Grantee's acquisition of a portion of such additional fibers (including negotiation of the McLeodUSA Network as specifically described additional IRU Fees due and payable by Grantee for the use of such additional fibers). The Term for use of any additional fibers shall be, unless otherwise agreed in Exhibit A. The IRU includes writing by the parties, for a non-exclusive period which commences upon delivery of such additional fibers and which ends twenty (20) years thereafter; provided, however, that to the extent such extended term requires Grantor to extend or renew a Required Right, Grantor shall have the right to use tangible and intangible property increase the Recurring Charge in order to use reflect, in Grantor's reasonable discretion, the pass through (on a pro rata basis based upon the number of fibers within the Grantor System) of any increase in the payments, fees, charges, costs or other expenses incurred or to be incurred by Grantor in connection with the extension or renewal of such Required Right. Notwithstanding anything else in this Agreement to the contrary, the failure of Grantor to notify Grantee of its determination to install additional fibers under Section 3.02, or the failure of the parties to successfully negotiate the terms of an IRU Fibersin such additional fibers, including but not limited shall not constitute a default or breach of this Agreement hereunder and neither Grantee nor Grantor shall have any liability to cable sheathing, troughing, pedestals, slack containers, and related equipment necessary the other for the operation and use of performance, or the IRU Fibers as contemplated herein (collectivelyfailure to perform, the “Associated Property”), but excluding any electronic obligations imposed under Sections 3.02 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 parties3.03 hereof.

GRANT OF IRU. Subject 3.01 As of the Effective Date for each particular Segment of Grantee Fiber delivered by Grantor to Grantee hereunder, Grantor hereby grants to Grantee, and Grantee hereby acquires from Grantor (i) an exclusive indefeasible right of use in, for the purposes described herein, the number of fibers set forth in Exhibit "A" to be specifically identified in the Cable between the Segment End Points for such Segment (the "Grantee Fibers"); and (ii) an associated and non-exclusive indefeasible right of use, for the purposes described herein, in the Associated Property respecting such Segment, all upon and subject to the terms and conditions of this Agreementset forth herein (collectively the "IRU"). 3.02 Grantee may, McLeodUSA grants IRU by written notice (a "Fiber Upgrade Notice") delivered to Grantor, inform Grantor that Grantee desires to purchase an IRU in certain additional fibers (whether of the same type as the Grantee Fibers or otherwise) either (a) along the same System Route as the Grantee Fibers, or (b) within planned extensions to the then-existing Grantor System. In the event that Grantor subsequently determines to install such additional fibers, then Grantor shall notify Grantee of such determination. 3.03 In the event that Grantee has delivered a Fiber Upgrade Notice and Grantor has received such notice prior to its determination to install additional fibers, Grantor and Grantee shall negotiate in good faith concerning Grantee's acquisition of a portion of such additional fibers (including negotiation of the McLeodUSA Network as specifically described additional IRU Fees due and payable by Grantee for the use of such additional fibers). The Term for use of any additional fibers shall be, unless otherwise agreed in Exhibit A. The IRU includes writing by the parties, for a non-exclusive period which commences upon delivery of such additional fibers and which ends twenty (20) years thereafter; provided, however, that to the extent such extended term requires Grantor to extend or renew a Required Right, Grantor shall have the right to use tangible and intangible property increase the Recurring Charge in order to use reflect, in Grantor's reasonable discretion, the pass through (on a pro rata basis based upon the number of fibers within the Grantor System) of any increase in the payments, fees, charges, costs or other expenses incurred or to be incurred by Grantor in connection with the extension or renewal of such Required Right. Notwithstanding anything else in this Agreement to the contrary, the failure of Grantor to notify Grantee of its determination to install additional fibers under Section 3.02, or the failure of the parties to successfully negotiate the terms of an IRU Fibersin such additional fibers, including but shall not limited constitute a default or breach of this Agreement hereunder and neither Grantee nor Grantor shall have any liability to cable sheathing, troughing, pedestals, slack containers, and related equipment necessary the other for the operation and use of performance, or the IRU Fibers as contemplated herein (collectivelyfailure to perform, the “Associated Property”), but excluding any electronic obligations imposed under Sections 3.02 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 parties3.03 hereof.

GRANT OF IRU. Subject to the terms and conditions of this Agreement, McLeodUSA Grantor grants IRU Grantee an IRU in certain Dark Fibers in the McLeodUSA Grantor Network as specifically described in Exhibit A. BA-1. The IRU includes a fully paid, 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 or any sub-grantee at its sole cost. From time to timetime after execution of this Agreement, 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 BA-x of this Agreement. For each additional Segment in which an IRU is granted, the separate Exhibit ABA-x, 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 material terms and conditions relating to the additional Segment in which an IRU is granted thereunderhereunder. Any provision relating to the affected Segment contained in a supplemental Exhibit BA-x which is more specific than a comparable or contrary provision contained in this Agreement shall control with respect to that Segment. Upon Acceptance and payment of the IRU Fee for the Segment set forth in a supplemental ExhibitExhibit BA-x, IRU Grantee shall acquire hereunder an IRU for the IRU Fibers specified in the supplemental Exhibit. Exhibit BA-x. Upon Acceptance, IRU Grantee shall be entitled to use its IRU Fibers for any lawful purpose and purpose, subject to the limitation in Section 1.2, below. XXX Xxxxxxx hereby agrees i) to be bound by all laws, regulations and any requirements of Rights agreements, ii) agreements and to appoint McLeodUSA Grantor as its agent for any and all matters relating to the Rights if reasonably requested by McLeodUSA, iii) Xxxxxxx provided that Grantor shall take no action that is disproportionately adverse 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 partiesXXX Xxxxxxx’s interest hereunder.