Common use of PURCHASE OF AVAILABLE EXCESS CAPACITY BY INCUMBENT Clause in Contracts

PURCHASE OF AVAILABLE EXCESS CAPACITY BY INCUMBENT. Incumbent shall have the right to purchase Available Excess Capacity on any Path or Segment of the System (each such Path or Segment being referred to herein as an "Incumbent Desired Path"), at a price equal to either (i) the lowest price paid to Pathnet for like capacity and for a similar term by any purchaser during the one hundred eighty (180) days immediately preceding the purchase by Incumbent of capacity on such Incumbent Desired Path or (ii) if no Pathnet Excess Capacity has been purchased on such Incumbent Desired Path during such one hundred eighty (180) day period, the last price paid for such Incumbent Desired Path; provided, however, Incumbent shall in no event purchase more than twenty percent (20%) of the Available Excess Capacity on any Segment or Path within the System at any given time.

PURCHASE OF AVAILABLE EXCESS CAPACITY BY INCUMBENT. Incumbent shall have the right to purchase Available Excess Capacity on any Path path or Segment of the System (each such Path path or Segment being referred to herein as an "Incumbent Desired PathINCUMBENT DESIRED PATH"), at a price equal to either (i) the lowest price paid to Pathnet PathNet for like capacity and for a similar term by any purchaser during the one hundred eighty (180) days immediately preceding the purchase by Incumbent of capacity on such Incumbent Desired Path or (ii) if no Pathnet PathNet Excess Capacity has been purchased on such Incumbent Desired Path during such one hundred eighty (180) day period, the last price paid for such Incumbent Desired Path; providedPROVIDED, howeverHOWEVER, Incumbent shall in no event under clause (i) or clause (ii) above purchase more than twenty percent (20%) of the Available Excess Capacity on any Segment or Path path within the System at any given time.