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.
Appears in 4 contracts
Samples: Capacity Purchase Agreement, Capacity Purchase Agreement (Teleglobe Bermuda Holdings LTD), Capacity Purchase Agreement (Teleglobe International Holdings LTD)