Common use of MARKETING AND SALE BY INCUMBENT Clause in Contracts

MARKETING AND SALE BY INCUMBENT. Incumbent or any Affiliates of Incumbent shall not market or sell any Incumbent excess capacity or any capacity purchased by Incumbent pursuant to Section 9.3 to any third party without the prior written consent of Pathnet; provided, however, Incumbent may market and sell all or any portion of the Incumbent excess capacity or any capacity purchased by Incumbent pursuant to Section 9.3, to Affiliates of Incumbent for and only for such Affiliates' internal communications needs and not for resale to third parties.

MARKETING AND SALE BY INCUMBENT. Incumbent or any Affiliates of Incumbent shall not market or sell any Incumbent excess capacity Excess Capacity or any capacity purchased by Incumbent pursuant to Section SECTION 9.3 to any third party without the prior written consent of PathnetPathNet; providedPROVIDED, howeverHOWEVER, Incumbent may market and sell all or any portion of the Incumbent excess capacity Excess Capacity or any capacity purchased by Incumbent pursuant to Section SECTION 9.3, to Affiliates of Incumbent for and only for such Affiliates' internal communications needs and not for resale to third parties.