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 4.1 As long as IFN has timely paid ALLTEL all sums due ALLTEL from IFN under this Agreement and is not otherwise in material breach of the terms and conditions provisions of this Agreement, McLeodUSA grants IRU Grantee an IRU in certain Fibers in IFN is, during 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 term of this Agreement. For each additional Segment in which an , granted the 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 with respect 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 IFN Fibers for any lawful purpose including, without limitation, the use of the communications capacity of the fibers or any portion thereof by third parties for transmitting messages or data, and hereby agrees i) to other similar lawful uses. Any use by third parties may only be bound by on terms consistent with this Agreement. IFN shall not use the IFN Fibers in any way which does not comply with all applicable governmental codes, ordinances, laws, rules, regulations or restrictions. Further, IFN shall not use the IFN Fibers in any way which interferes or adversely affects the use of the Fiber Facility by ALLTEL. ALLTEL services provided to IFN or any third party permittee of IFN in connection with any ALLTEL Central Office identified in Article X Paragraph 10.5a, except those currently existing in Macon and any requirements of Rights agreementsValdosta, ii) shall be limited solely to appoint McLeodUSA as signal regeneration. Without limiting the foregoing statement, ALLTEL Central Office building locations will not provide services to IFN or its agent for any and all matters relating permittees in connection with or to allow it to multiplex or demultiplex transmission signals except to the Rights if requested by McLeodUSA, iii) extent for Internal Requirements of IFN. IFN shall not be allowed to notify McLeodUSA of any transfer and obtaining from any transferee undertakings to be bound by this Agreement and the terms and conditions obtain direct or indirect cross connection or interconnection of the Rights agreementsIFN Fibers or any associated equipment with any ALLTEL telecommunications facilities or equipment. IFN shall be provided use of sufficient space, electrical power and iv) environmental control measures to be bound accommodate five twenty-six inch by seven feet relay racks in non-wire center buildings in the Macon and Valdosta areas. Notwithstanding the provisions of any underlying agreements McLeodUSA has with third partiesparagraph 2.9.e, above, IFN is granted unescorted and unrestricted access in ALLTEL's Macon and Valdosta fiber terminal facilities, provided IFN provides prior notice to the ALLTEL Network Management Center in Twinsburg, Ohio, and except that IFN will not have such access to facilities not providing service to IFN. Failure to exercise the rights granted hereunder shall not excuse IFN's obligation to make the payments required under this Agreement.

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.

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.