Use of Capacity. Subject to the provisions of this Agreement, Asia Netcom and its Subsidiaries may use the Capacity for any lawful purpose. Asia Netcom (for and on behalf of itself and its Subsidiaries) acknowledges and agrees that the rights of Asia Netcom and its Subsidiaries are limited to the use of the Capacity only, and that Asia Netcom and its Subsidiaries shall keep the Network free from any liens, rights or claims of any third party attributable to Asia Netcom or any of its Subsidiaries.
Use of Capacity. 5.1 Purchaser shall be responsible for all costs to connect its facilities to the identified Demarcation Point at the origination and termination points for the Wavelength or the Backhaul, as the case may be, as identified in Exhibits B and C.
5.2 Purchaser acknowledges that Seller may require the use of the Capacity from time to time for the purposes of carrying out tests, adjustments and maintenance. Purchaser shall make the Capacity available to Seller upon reasonable notice being given to Purchaser as set forth in the O&M Agreement, to permit Seller to conduct such tests, adjustments and maintenance as may be necessary for the Xxxxxxxx’ Network to be maintained in efficient working order in accordance with the O&M Agreement.
5.3 Purchaser acknowledges that this Agreement grants no right to use any element of the Xxxxxxxx’ Network other than the Capacity purchased herein. Purchaser shall keep any and all of the Xxxxxxxx’ Network free from any liens, rights or claims of any third party attributable to Purchaser.
5.4 Purchaser shall conduct all operations and use of the IRUs in a manner that does not interfere with the operations of the Xxxxxxxx’ Network or the use thereof by any other customer of Seller.
5.5 Seller shall conduct all operations and use of the Xxxxxxxx’ Network in a manner that does not interfere with the operations of the IRUs granted hereunder or the use thereof by Purchaser.
5.6 Seller agrees and acknowledges that it has no right to use the Backhaul IRU or Wavelength IRUs during the IRU Term, except under the conditions specified in Section 5.2 above.
5.7 Seller and Purchaser each agree to cooperate with and support the other in complying with any requirements directly applicable to the Xxxxxxxx’ Network by any governmental or regulatory agency or authority.
Use of Capacity. (a) The operation of the Purchased Capacity and any equipment associated therewith shall be such as not to interrupt, interfere with, or impair service over any of the facilities comprising the System, or impair privacy of any communications over such facilities, cause damage to plant or create hazards to employees, affiliates or connecting companies of the Grantor, any Subsidiary Grantor, the Purchaser, or any other user, owner or operator of the System or the public. The Purchaser shall bear the cost of any additional protective apparatus reasonably required to be installed because of the use of such facilities by the Purchaser, any lessees or permitted transferees of the Purchaser, or any customer or customers of the Purchaser or of any such lessee or transferee. The Grantor will use all reasonable efforts to cause all other purchasers of capacity in the System to undertake obligations substantially in the same form as those of the Purchaser set forth in this Section, and the Purchaser shall cause all permitted users of the IRU in the Purchased Capacity to undertake comparable obligations.
(b) The Purchased Capacity granted to the Purchaser shall be made available to the Grantor (or its subsidiaries, its agents or the Operator), at such times agreeable to the Purchaser and the Grantor, to permit the Grantor and the Subsidiary Grantors to conduct such tests and adjustments as may be necessary for such capacity to be maintained in efficient working order.
Use of Capacity. (a) The Purchaser's operation of the Purchased Capacity and any equipment associated therewith shall be such as not to interrupt, interfere with, or impair service over any of the facilities comprising the Global Crossing Network, or impair privacy of any communications over such facilities, cause damage to plant or create hazards to employees, affiliates or connecting companies of the Grantor or the Maintenance Company, the Purchaser, or any other user, owner or operator of the Global Crossing Network or the public. The Purchaser shall bear the cost of any additional protective apparatus reasonably required to be installed because of the use of such facilities by the Purchaser, any lessees or permitted transferees of the Purchaser, or any customer or customers of the Purchaser or of any such lessee or transferee. The Grantor will use reasonable efforts to cause all other purchasers of capacity in the Global Crossing Network to undertake obligations comparable to those of the Purchaser set forth in this Section, and the Purchaser shall cause all permitted users of any of the Purchased Capacity to undertake comparable obligations. The Purchaser represents, warrants and covenants that its use of the Purchased Capacity shall comply with all applicable government codes, ordinances, laws, rules, regulations and/or restrictions and the terms of this Agreement.
(b) The Purchased Capacity shall be made available to the Grantor and the Maintenance Company (or their respective subsidiaries or agents), at such times reasonably agreeable to the Purchaser and the Grantor or the Maintenance Company, as applicable, to permit the Grantor or the Maintenance Company to conduct such tests and adjustments as may be necessary for such capacity to be maintained in efficient working order.
(i) The IRU in any Purchased Capacity may terminate prior to the Termination Date, with respect to any System on the Global Crossing Network, on such date as the Grantor, the Maintenance Company and the holders of not less than 85% of Capacity on such System (the "Supermajority"), jointly elect to retire the system (an "Early Retirement") in accordance with the procedure set forth in Section 11(c)(ii). Any system which is retired early in accordance with this Section 11(c) shall hereinafter be referred to as a "Decommissioned System."
(ii) Early Retirement shall occur, with respect to any System, only upon the unanimous vote of each of (i) the Grantor, (ii) the Maintenance Company and (iii) th...
Use of Capacity. (a) The use of the Inland Capacity granted hereunder and any equipment associated therewith shall be such as not to interrupt, interfere with, or impair service over any of the facilities comprising the System or the Inland Capacity, or impair privacy of any communications over such facilities, cause damage to plant or create hazards to employees, affiliates or connecting companies of ACL, the Grantor, any Backhaul Provider or any other user, owner or operator of the System or the Inland Capacity or the public. The Purchaser shall bear the cost of any additional protective apparatus reasonably required to be installed because of the use of such facilities by the Purchaser, any lessees or permitted transferees of the Purchaser, or any customer or customers of the Purchaser or of any such lessee or transferee. The Grantor will use reasonable efforts to cause all other purchasers of capacity in Inland Capacity provided hereunder to undertake obligations comparable to those of the Purchaser set forth in this Section, and the Purchaser shall cause all permitted users of the IRU in the Inland Capacity granted hereunder to undertake comparable obligations.
(b) The IRU in the Inland Capacity granted hereunder shall be made available to Grantor or the Backhaul Providers (or any of their subsidiaries or agents), at such times agreeable to the Purchaser and Grantor or the Backhaul Providers, as the case may be, to permit Grantor or the Backhaul Providers to conduct such tests and adjustments as may be necessary for such capacity to be maintained in efficient working order.
Use of Capacity. Each party shall have the right to use its allocated capacity on the Shared Channel in such party's sole discretion in accordance with the terms of this Agreement and all FCC rules and regulations, including without limitation broadcasting one stream or multiple streams and broadcasting content provided by third parties. Neither party shall take any action that interferes with the other's use of capacity on the Shared Channel or the Transmission Facilities. Each party shall have the right, in its sole discretion, to enter into additional channel sharing agreements within its allocated capacity that do not have a material adverse effect on the other party's station or the Shared Channel.
Use of Capacity. 8.1 Teligent represents and warrants that it will use the Capacity in compliance with all applicable government codes, ordinances, laws, rules and regulations.
8.2 Subject to the provisions of this Agreement, Teligent may use the Capacity for any lawful purpose. Teligent acknowledges and agrees that its rights are limited to the use of the Capacity only, and that Teligent shall keep Level 3's Network free from any liens, rights or claims of any third party attributable to Teligent. Teligent shall not knowingly use the Capacity in a way which interferes in any way with or otherwise adversely affects the use of the Level 3 Network by any other entity using Level 3's Network or capacity therein. Teligent will remedy any such interference (or commence such remedy and prosecute it diligently to completion) within thirty (30) days written notice of the same provided by Level 3.
Use of Capacity. Customer’s electrical usage is billed at 20 cents per KWH. Usage is factored into the monthly invoice. Reports of usage are not standard but can be requested by contacting the IEVOLVE Offices.
Use of Capacity. Energy, and Ancillary Services ----------------------------------------------- IP shall use all Capacity, Energy, and Ancillary Services provided hereunder only to serve Net Load. IP shall not resell to any customer not included in the IP Load any Energy, Capacity or Ancillary Services provided by DYPM under this Agreement, except as provided in Section 5(g)(ii).
Use of Capacity. Xxxx Atlantic may use the Services for any lawful purpose ---------------- consistent with the transmission and switching parameters of the Network, and may resell any capacity obtained hereunder to End-Users, subject to the restrictions contained herein. If Xxxx Atlantic resells such services to a Capacity Reseller, as defined below, Xxxx Atlantic's sales under this Agreement to any such Capacity Reseller shall be limited to the equivalent of one OC-12 on any one route. As used herein, a Capacity Reseller is any person or entity which, in whole or in part, seeks to obtain telecommunications capacity for the purpose of reselling or otherwise providing access thereto, to third parties for profit, whether or not such person or entity actually realizes a profit as a result of such transaction.
