Common use of SSPFAT by WinStar Clause in Contracts

SSPFAT by WinStar. WinStar shall have the right, but not the obligation, at its sole expense, to conduct its own SSPFAT of the WinStar Fibers to verify that they meet the Acceptance Standards. If WinStar elects to conduct its own SSPFAT of the WinStar Fibers, it shall notify Xxxxxxxx of its intent to do so (including dates and locations) at least three (3) days prior to the date of Xxxxxxxx' scheduled commencement of the SSPFAT of a particular System Segment Portion as specified in Xxxxxxxx' ten day prior written notice to WinStar as provided in Section 7.2. WinStar may elect to perform such testing (i) itself subsequent to the Xxxxxxxx testing or (ii) concurrently with Xxxxxxxx' testing (except to the extent Xxxxxxxx' testing take place prior to the period ending twenty (20) days after the Effective Date), in which case both parties shall reasonably cooperate with the other to facilitate such concurrent testing. If WinStar elects to perform the testing itself subsequent to Xxxxxxxx' testing, WinStar will complete such testing within ten (10) days after Xxxxxxxx completes its SSPFAT of the relevant System Segment Portion (except to the extent such Xxxxxxxx testing takes place prior to the period ending twenty (20) days after the Effective Date in which case WinStar shall complete such SSPFAT by January 25, 1999). Xxxxxxxx shall have the right, but not the obligation, to have an individual present to observe WinStar's SSPFAT. Within twenty (20) days after the conclusion of WinStar's SSPFAT of the WinStar Fibers, WinStar shall provide Xxxxxxxx with a copy of the test results. WinStar's exercise or non-exercise of its right to conduct SSPFAT shall not extend or shorten the time periods for WinStar to determine, pursuant to Section 7.4, if the System Segment Portion meets the Acceptance Standards. Xxxxxxxx shall reasonably cooperate with WinStar to facilitate SSPFAT. Changes in testing schedules may be mutually agreed upon by the Parties.

SSPFAT by WinStar. WinStar shall have the right, but not the obligation, at its sole expense, to conduct its own SSPFAT of the WinStar Fibers to verify that they meet the Acceptance Standards. If WinStar elects to conduct its own SSPFAT of the WinStar Fibers, it shall notify Xxxxxxxx of Willxxxx xx its intent to do so (including dates and locations) at least three (3) days prior to the date of XxxxxxxxWillxxxx' scheduled xxheduled commencement of the SSPFAT of a particular System Segment Portion as specified in XxxxxxxxWillxxxx' ten xxn day prior written notice to WinStar as provided in Section 7.2. WinStar may elect to perform such testing (i) itself subsequent to the Xxxxxxxx testing Willxxxx xxxting or (ii) concurrently with XxxxxxxxWillxxxx' testing (except to the extent XxxxxxxxWillxxxx' testing xxsting take place prior to the period ending twenty (20) days after the Effective Date), in which case both parties shall reasonably cooperate with the other to facilitate such concurrent testing. If WinStar elects to perform the testing itself subsequent to XxxxxxxxWillxxxx' testingxxsting, WinStar will complete such testing within ten (10) days after Xxxxxxxx completes Willxxxx xxxpletes its SSPFAT of the relevant System Segment Portion (except to the extent such Xxxxxxxx testing Willxxxx xxxting takes place prior to the period ending twenty (20) days after the Effective Date in which case WinStar shall complete such SSPFAT by January 25, 1999). Xxxxxxxx shall Willxxxx xxxll have the right, but not the obligation, to have an individual present to observe WinStar's SSPFAT. Within twenty (20) days after the conclusion of WinStar's SSPFAT of the WinStar Fibers, WinStar shall provide Xxxxxxxx with Willxxxx xxxh a copy of the test results. WinStar's exercise or non-exercise of its right to conduct SSPFAT shall not extend or shorten the time periods for WinStar to determine, pursuant to Section 7.4, if the System Segment Portion meets the Acceptance Standards. Xxxxxxxx shall Willxxxx xxxll reasonably cooperate with WinStar to facilitate SSPFAT. Changes in testing schedules may be mutually agreed upon by the Parties.