Common use of Spectral Loading Requirements Clause in Contracts

Spectral Loading Requirements. PathNet shall (i) ensure that the System, as licensed, shall comply with all spectral loading requirements set forth in 47 CFR 101.141, or any successor statute, rule or regulation or (ii) obtain a waiver of any or all of such requirements; PROVIDED, HOWEVER, if the System does not meet such spectral loading requirements and PathNet is unable to obtain a waiver of such requirements, PathNet shall have the right to modify the System to a hot-standby Protection Configuration until such time as the spectral loading requirements can be met.

Appears in 4 contracts

Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Escrow Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)

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Spectral Loading Requirements. PathNet Pathnet shall (i) ensure that the System, as licensed, shall comply with all spectral loading requirements set forth in 47 CFR 101.141, or any successor statute, rule or regulation or (ii) obtain a waiver of any or all of such requirements; PROVIDEDprovided, HOWEVERhowever, if the System does not meet such spectral loading requirements and PathNet Pathnet is unable to obtain a waiver of such requirements, PathNet Pathnet shall have the right to modify the System to a hot-standby Protection Configuration until such time as the spectral loading requirements can be met.

Appears in 3 contracts

Samples: Escrow Agreement (Pathnet Inc), Escrow Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)

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Spectral Loading Requirements. PathNet Pathnet shall (i) ensure that the System, as licensed, shall comply with all spectral loading requirements set forth in 47 CFR 101.141, or any successor statute, rule or regulation or (ii) obtain a waiver of any or all of such requirements; PROVIDEDprovided, HOWEVERhowever, if the System does not meet such spectral loading requirements and PathNet Pathnet is unable to obtain a waiver of such requirements, PathNet Pathnet shall have the right right, at its sole cost and expense, to modify the System to a hot-standby Protection Configuration until such time as the spectral loading requirements can be met; provided such configuration meets the System's performance requirements.

Appears in 2 contracts

Samples: Pledge Agreement (Pathnet Inc), Pathnet Inc

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