Reconfiguration. During the first four years of this Agreement (or until one year after the Delivery Completion Date, whichever comes first), PSINet can Reconfigure Bandwidth. PSINet will pay IXC's fee for reconfiguration as set forth on Exhibit I hereto, which shall include a fee for reconfiguring from OC-12 to OC-48 or for moving an OC-48. IXC may change its fees for reconfiguration at any time in its sole and absolute discretion; provided, however, that such changed fees will only be effective against PSINet on the tenth business day after PSINet's receipt of written notice from IXC of such changed fees. In the event of a reconfiguration that leaves OC-12 equipment (for which PSINet has previously paid a multiplexing or reconfiguration charge) which is not being utilized, IXC will either (i) utilize the equipment elsewhere for PSINet's capacity (without charging a multiplexing fee for such OC-12), (ii) deliver the OC-12 equipment to PSINet, or (iii) purchase the equipment from PSINet at a mutually agreeable price.
Appears in 4 contracts
Samples: Iru and Stock Purchase Agreement (Psinet Inc), Iru and Stock Purchase Agreement (Ixc Communications Inc), Iru and Stock Purchase Agreement (Ixc Communications Inc)
