Common use of Performance of Capacity Expansion Clause in Contracts

Performance of Capacity Expansion. Prior to the Commissioning of any Capacity Expansion, (i) Pathnet shall perform all required testing on such Capacity Expansion to confirm that any such Capacity Expansion will not degrade the System below the Specifications (ii) Pathnet shall provide the results of such testing upon receipt of such test results to Incumbent for its review and approval and (iii) Pathnet shall obtain from Incumbent a Certificate of Acceptance substantially in the form attached hereto as Exhibit A-9 to this Schedule A with respect to such Capacity Expansion.

Performance of Capacity Expansion. Prior to the Commissioning of any Capacity Expansion, (i) Pathnet shall perform all required testing on such Capacity Expansion to confirm that any such Capacity Expansion will not degrade the System below the Specifications Specifications, (ii) Pathnet shall provide the results of such testing upon receipt of such test results to Incumbent LLC for its review and approval approval, and (iii) Pathnet shall obtain from Incumbent LLC a Certificate of Acceptance substantially in the form attached hereto as Exhibit A-9 to this Schedule A with respect to such Capacity Expansion.

Performance of Capacity Expansion. Prior to the Commissioning of any Capacity Expansion, (i) Pathnet PathNet shall perform all required testing on such Capacity Expansion to confirm that any such Capacity Expansion will not degrade the System below the Specifications (ii) Pathnet PathNet shall provide the results of such testing upon receipt of such test results to Incumbent for its review and approval and (iii) Pathnet PathNet shall obtain from Incumbent a Certificate of Acceptance substantially in the form attached hereto as Exhibit A-9 A-8 to this Schedule A with respect to such Capacity Expansion.

Performance of Capacity Expansion. Prior to the Commissioning of any Capacity Expansion, (i) Pathnet PathNet shall perform all required testing on such Capacity Expansion to confirm that any such Capacity Expansion will not degrade the System below the Specifications (ii) Pathnet PathNet shall provide the results of such testing upon receipt of such test results to Incumbent for its review and approval and (iii) Pathnet PathNet shall obtain from Incumbent a Certificate of Acceptance substantially in the form attached hereto as Exhibit A-9 to this Schedule A with respect to such Capacity Expansion.

Performance of Capacity Expansion. Prior to the Commissioning of any Capacity Expansion, (i) Pathnet shall perform all required testing on such Capacity Expansion to confirm that any such Capacity Expansion will not degrade meet the System below the Specifications Capacity Expansion Requirements (ii) Pathnet shall provide the results of such testing upon receipt of such test results to Incumbent for its review and approval and (iii) Pathnet shall obtain from Incumbent a Certificate of Acceptance substantially in the form attached hereto as Exhibit A-9 to this Schedule A with respect to such Capacity Expansion.