Common use of Use of Capacity Clause in Contracts

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 ▇▇▇▇▇▇▇▇’ 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 ▇▇▇▇▇▇▇▇’ Network other than the Capacity purchased herein. Purchaser shall keep any and all of the ▇▇▇▇▇▇▇▇’ 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 ▇▇▇▇▇▇▇▇’ Network or the use thereof by any other customer of Seller. 5.5 Seller shall conduct all operations and use of the ▇▇▇▇▇▇▇▇’ 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 ▇▇▇▇▇▇▇▇’ Network by any governmental or regulatory agency or authority.

Use of Capacity. 5.1 The capacity in which IRU is granted to the IRU Purchaser under this Agreement shall be used by the IRU Purchaser under the following conditions: 7.1 The IRU Purchaser shall ensure that it uses the capacity in such a way as not to interfere with or impair service over SEA-ME-WE 3, impair privacy of communications over SEA-ME-WE 3, cause damage to SEA-ME-WE 3 or create hazards to the employees of SEA-ME-WE 3 Parties or to the public. 7.2 The communication capability of the capacity in which IRU is granted to the IRU Purchaser under this Agreement may be optimized by the use of equipment which will more efficiently use such capacity, provided that: (i) Prior agreement is obtained from the Network Administrator; (ii) The use of such equipment does not cause an interruption of, or interference to, the use of any other capacity in SEA-ME-WE 3; and (iii) The use of such equipment does not prevent the use of similar equipment by other telecommunications entities to which the capacity in SEA-ME-WE 3 is assigned or made available pursuant to the SEA-ME-WE 3 C&MA. The provision, operation and maintenance of such equipment is not covered by this Agreement. 7.3 In all cases, The IRU Purchaser shall be responsible for all costs to connect its facilities liable to the identified Demarcation Point at Grantors, or to third parties, for any damage or impairment caused by a breach in 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 obligations of the Capacity from time IRU Purchaser laid down in the foregoing Subparagraphs 7.1 and 7.2. 7.4 The Grantors shall use their best efforts to time for cause all other telecommunications entities who are permitted to use the purposes capacity in SEA-ME-WE 3 to undertake obligations comparable to those of carrying out tests, adjustments and maintenance. the IRU Purchaser shall make the Capacity available to Seller upon reasonable notice being given to Purchaser as set forth in the O&M Agreementforegoing Subparagraphs 7.1, 7.2 and 7.3 including the use of sanctions if considered appropriate by the MC. 7.5 The Segment S IRU Grantors shall not exercise their rights pertaining to permit Seller the capacity in which IRU is granted to conduct the IRU Purchaser under this Agreement so as to diminish or interfere with the IRU Purchaser’s use of such tests, adjustments and maintenance as may be necessary for the ▇▇▇▇▇▇▇▇’ Network to be maintained in efficient working order capacity in accordance with the O&M this Agreement. 5.3 7.6 The IRU Purchaser acknowledges that this Agreement grants no right is allowed to use any element test their IRU prior to the date of the ▇▇▇▇▇▇▇▇’ Network other than full effectiveness of their License according to the Capacity purchased herein. Purchaser shall keep any and all following conditions: (i) A two week testing period is allowed for testing at earliest 3 months prior to the effective date of the ▇▇▇▇▇▇▇▇’ Network free from License. (ii) An additional one week testing period is allowed immediately before the effective date of the License for pre-service testing. (iii) A minimum period of one week shall separate such testing periods in 7.6(i) and 7.6(ii) above. (iv) Notwithstanding the provision in Paragraph 4 of this Agreement, the full payment for the IRU Lump Sum and the Terminal Station Right of Use Lump Sum shall be received by the Central Billing Party prior to the commencement of testing of relevant capacity granted under this Agreement. 7.7 In case of simultaneous purchase of IRU in more than one (1) half interest in a MIU, the testing, to the extent that it is reasonably possible, will be concurrently performed for such IRU purchases in the same path and with the same corresponding telecommunication entity. 7.8 The provisions in Paragraphs 7.6. and 7.7 will apply, provided they are not in conflict with any liens, rights or claims regulatory authority provision in the country of any third party attributable to the IRU Purchaser. 5.4 7.9 The Grantors reserve the right to suspend the IRU capacity activation for ninety (90) days if the IRU Purchaser shall conduct all operations and use uses the capacity for purposes other than testing. 7.10 If the License has been rescinded by the regulatory authority for any reason, the Grantors have the right to terminate this Agreement and, at the discretion of the IRUs in Grantors, a manner that does not interfere with the operations partial rebate of the ▇▇▇▇▇▇▇▇’ Network or the use thereof by any other customer IRU Lump Sum and Terminal Station Right of SellerUse Lump Sum may be considered. 5.5 Seller shall conduct all operations and use of the ▇▇▇▇▇▇▇▇’ 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 ▇▇▇▇▇▇▇▇’ Network by any governmental or regulatory agency or authority.