Limited Exclusivity. Except with respect to the Colonial Conduit (which can be commercialized or used in accordance with the provisions of Section 7 below) and as otherwise contemplated hereunder and in the Lease, for a period of ten (10) years following the Lease Date: (a) Colonial shall not, directly or indirectly, lease to, license to, make available to, or otherwise permit the use of by any other party, including, without limitation, any Affiliates of Colonial, any portion of the Colonial Rights-of-Way for the Construction or Operation of a Telecommunications Network; and (b) Colonial shall not, directly or indirectly, use or permit the use of any portion of the Colonial Rights-of-Way for the Construction or Operation of a Telecommunications Network. The foregoing restrictions shall not apply to any portion of the Colonial Rights-of-Way that reverts to Colonial pursuant to Section 1.4 of the Lease.
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Samples: Fiber Optic Access and Purchase Agreement (Pathnet Telecommunications Inc), Fiber Optic Access and Purchase Agreement (Pathnet Telecommunications Inc), Fiber Optic Access and Purchase Agreement (Pathnet Telecommunications Inc)
