Common use of RELOCATION OF CABLE Clause in Contracts

RELOCATION OF CABLE. 16.1 If the Owner is required to relocate or replace its Cable or any of the appurtenant facilities used or required in providing the IRU, and the gross cost (excluding reimbursements) of the Owner’s relocation, or replacement exceeds $5,000 per occurrence, then, so long as such work is not necessitated by a breach of the Owner’s obligations, the IRU Grantee shall reimburse the Owner for the IRU Grantee’s Proportionate Share of such costs, including, without limitation, fiber acquisition, splicing, and testing. In the event that a third party reimburses the Owner for all or a portion of the cost to perform such work, then this reimbursement amount shall reduce on a dollar for dollar basis the aggregate amount of costs deemed to have been spent by the Owner. The Owner shall deliver to the IRU Grantee updated as-built drawings and Documentation with respect to any relocated portion of the Cable not later than one-hundred eighty (180) days following such relocation. 16.2 The Owner shall give the IRU Grantee sixty (60) days prior notice of any such relocation, if possible, and shall have the obligation to proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to use for such relocation; provided that any such relocated Cable and Fibers shall be constructed and tested in accordance with the specifications and requirements set forth in Exhibits C, D, and F. Acceptance of the relocated IRU Fibers shall be in accordance with Article V of this Agreement. In addition, the Owner shall use reasonable efforts to ensure relocation shall not result in an adverse change to the operations, performance, or connection points with the network of the IRU Grantee, or end points of the applicable Cable. 16.3 The IRU Grantee has the right to review and approve the relocation plans of the Owner fourteen (14) days prior to any relocation and has the right to have, subject to the protocols of the Rights Agreements, a representative present at the time the Owner relocates the Cable that contains the IRU Fibers.

RELOCATION OF CABLE. 16.1 12.1 If the Owner Operator is required to relocate or replace its Cable or any of the appurtenant facilities used or required in providing the IRU, and the gross cost (excluding reimbursements) of the OwnerOperator’s relocation, relocation or replacement exceeds $5,000 per occurrence, then, so long as such work is not necessitated by a breach of the OwnerOperator’s obligations, the IRU Grantee Town shall reimburse the Owner Operator for the IRU GranteeTown’s Proportionate Share proportionate share of such costs, including, without limitation, fiber placement or relocation labor, Fiber acquisition, splicing, and testing. In the event that a third party reimburses reimbursed the Owner Operator for all or a portion of the cost to perform such work, then this reimbursement amount shall reduce on a dollar for dollar basis the aggregate amount of costs deemed to have been spent by the OwnerOperator. The Owner Operator shall deliver to the IRU Grantee Town updated as-built drawings and Documentation documentation with respect to any relocated portion of the Cable not later than one-hundred eighty ninety (18090) days following such relocation. 16.2 12.2 The Owner Operator shall give the IRU Grantee Town sixty (60) days prior notice of any such relocation, if possible, and shall have the obligation to proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to use for such relocation; provided that any such relocated Cable and Fibers shall be constructed and tested in accordance with the specifications and requirements set forth in Exhibits C, D, and F. this Agreement. Acceptance of the relocated IRU Fibers shall be in accordance with Article V IV (Acceptance) of this Agreement. In addition, the Owner Operator shall use reasonable efforts to ensure relocation shall not result in an adverse change to the operations, performance, or connection points with the network of the IRU GranteeTown, or end points of the applicable Cable. 16.3 12.3 The IRU Grantee Town has the right to review and approve the relocation plans of the Owner Operator fourteen (14) days prior to any relocation and has the right to have, subject to the protocols of the Rights Rights-of-Way Agreements, a representative present at the time the Owner Operator relocates the Cable that contains the IRU Town Fibers or Additional Fibers.

RELOCATION OF CABLE. 16.1 If the Owner US Xchange is required to relocate or replace its Cable or any of the appurtenant facilities used or required in providing the IRU, and the gross cost (excluding reimbursements) of the OwnerUS Xchange’s relocation, relocation or replacement exceeds $5,000 per occurrence, then, so long as such work is not necessitated by a breach of the OwnerUS Xchange’s obligations, the IRU Grantee Norlight shall reimburse the Owner US Xchange for the IRU GranteeNorlight’s Proportionate Share of such costs, including, without limitation, fiber acquisition, splicing, and testing. In the event that a third party reimburses the Owner US Xchange for all or a portion of the cost to perform such work, then this reimbursement amount shall reduce on a dollar for dollar basis the aggregate amount of costs deemed to have been spent by the OwnerUS Xchange. The Owner US Xchange shall deliver to the IRU Grantee Norlight updated as-built drawings and Documentation with respect to any relocated portion of the Cable not later than one-one hundred eighty (180) days following such relocation. 16.2 The Owner US Xchange shall give the IRU Grantee Norlight sixty (60) days prior notice of any such relocation, if possible, and shall have the obligation to proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to use for such relocation; provided that any such relocated Cable and Fibers shall be constructed and tested in accordance with the specifications and requirements set forth in Exhibits C, D, and F. this Agreement. Acceptance of the relocated IRU Fibers shall be in accordance with Article V of this Agreement. In addition, the Owner US Xchange shall use reasonable efforts to ensure relocation shall not result in an adverse change to the operations, performance, or connection points with the network of the IRU GranteeNorlight, or end points of the applicable Cable. 16.3 The IRU Grantee Norlight has the right to review and approve the relocation plans of the Owner US Xchange fourteen (14) days prior to any relocation and has the right to have, subject to the protocols of the Rights Rights-of-Way Agreements, a representative present at the time the Owner US Xchange relocates the Cable that contains the Norlight’s IRU Fibers.

RELOCATION OF CABLE. 16.1 If the Owner is required to relocate or replace its Cable or any of the appurtenant facilities used or required in providing the IRU, and the gross cost (excluding reimbursements) of the Owner’s relocation, relocation or replacement exceeds $5,000 per occurrence, then, so long as such work is not necessitated by a breach of the Owner’s obligations, the IRU Grantee shall reimburse the Owner for the IRU Grantee’s Proportionate Share of such costs, including, without limitation, fiber acquisition, splicing, and testing. In the event that a third party reimburses the Owner for all or a portion of the cost to perform such work, then this reimbursement amount shall reduce on a dollar for dollar basis the aggregate amount of costs deemed to have been spent by the Owner. The Owner shall deliver to the IRU Grantee updated as-built drawings and Documentation with respect to any relocated portion of the Cable not later than one-hundred eighty (180) days following such relocation. 16.2 The Owner shall give the IRU Grantee sixty (60) days prior notice of any such relocation, if possible, and shall have the obligation to proceed with such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to use for such relocation; provided that any such relocated Cable and Fibers shall be constructed and tested in accordance with the specifications and requirements set forth in Exhibits C, D, and F. this Agreement. Acceptance of the relocated IRU Fibers shall be in accordance with Article V of this Agreement. In addition, the Owner shall use reasonable efforts to ensure relocation shall not result in an adverse change to the operations, performance, or connection points with the network of the IRU Grantee, or end points of the applicable Cable. 16.3 The IRU Grantee has the right to review and approve the relocation plans of the Owner fourteen (14) days prior to any relocation and has the right to have, subject to the protocols of the Rights Rights-of-Way Agreements, a representative present at the time the Owner relocates the Cable that contains the IRU Grantee’s IRU Fibers.