Common use of Term of IRU Clause in Contracts

Term of IRU. The term of each Bandwidth Unit of the IRU Capacity will end on the earlier of: (a) 20 years from the Original Service Activation Date of the Bandwidth Unit, or (b) 24 years from the Closing Date; provided, however, that the term of each Bandwidth Unit will be extended by (i) the length of time, if any, that such Bandwidth Unit commences after the fourth anniversary of the Closing Date, but only to the extent such delay is attributable to the completion of the applicable portion of the Available System occurring after such date, and (ii) the length of time performance by IXC is excused pursuant to Section 11, below, in the event such performance shall have been so excused for any period of at least 12 consecutive months.

Appears in 3 contracts

Samples: Iru and Stock Purchase Agreement (Ixc Communications Inc), Iru and Stock Purchase Agreement (Ixc Communications Inc), Iru and Stock Purchase Agreement (Psinet Inc)

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Term of IRU. The term of each Bandwidth Unit of the IRU Capacity will end on the earlier of: (a) 20 years from the Original Service Activation Date of the Bandwidth Unit, or (b) 24 years from the Closing Date; providedPROVIDED, howeverHOWEVER, that the term of each Bandwidth Unit will be extended by (i) the length of time, if any, that such Bandwidth Unit commences after the fourth anniversary of the Closing Date, but only to the extent such delay is attributable to the completion of the applicable portion of the Available System occurring after such date, and (ii) the length of time performance by IXC is excused pursuant to Section 11, below, in the event such performance shall have been so excused for any period of at least 12 consecutive months.

Appears in 2 contracts

Samples: Iru and Stock Purchase Agreement (Psinet Inc), Iru and Stock Purchase Agreement (Psinet Inc)

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