Common use of Use of Capacity Clause in Contracts

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) the Supermajority. (iii) Notwithstanding the foregoing, Early Retirement shall terminate the Parties' obligations under this Agreement only in connection with Capacity on such Decommissioned System, and this Agreement shall continue in full force and effect with respect to all other Capacity subject to this Agreement.

Use of Capacity. (a) The Purchaser's operation use of the Purchased 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 Global Crossing NetworkSystem 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 the Grantor or the Maintenance CompanyACL, the PurchaserGrantor, any Backhaul Provider or any other user, owner or operator of the Global Crossing Network 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, provided, however, that this Section 7(a) shall only apply to the extent that such use is outside the ordinarily anticipated use of such facilities. The Grantor will use reasonable efforts to cause all other purchasers of capacity in the Global Crossing Network 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 any of the Purchased IRU in the Inland Capacity granted hereunder 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 IRU in the Inland Capacity granted hereunder shall be made available to Grantor or the Grantor and the Maintenance Company Backhaul Providers (or any of their respective subsidiaries or agents), at such times reasonably agreeable to the Purchaser and the Grantor or the Maintenance CompanyBackhaul Providers, as applicablethe case may be, to permit the Grantor or the Maintenance Company Backhaul Providers 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) the Supermajority. (iii) Notwithstanding the foregoing, Early Retirement shall terminate the Parties' obligations under this Agreement only in connection with Capacity on such Decommissioned System, and this Agreement shall continue in full force and effect with respect to all other Capacity subject to this Agreement.

Use of Capacity. (a) The Purchaser's operation use of the Purchased 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 Global Crossing NetworkSystem 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 the Grantor or the Maintenance CompanyACL, the PurchaserGrantor, any Backhaul Provider or any other user, owner or operator of the Global Crossing Network 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, provided, however, that this Section 7(a) shall only apply to the extent that such use is outside the ordinarily anticipated use of such facilities. The Grantor will use reasonable efforts to cause all other purchasers of capacity in the Global Crossing Network 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 any of the Purchased IRU in the Inland Capacity granted hereunder 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 IRU in the Inland Capacity granted hereunder shall be made available to Grantor or the Grantor and the Maintenance Company Backhaul Providers (or any of their respective subsidiaries or agents), at Iat such times reasonably agreeable to the Purchaser and the Grantor or the Maintenance CompanyBackhaul Providers, as applicablethe case may be, to permit the Grantor or the Maintenance Company Backhaul Providers 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) the Supermajority. (iii) Notwithstanding the foregoing, Early Retirement shall terminate the Parties' obligations under this Agreement only in connection with Capacity on such Decommissioned System, and this Agreement shall continue in full force and effect with respect to all other Capacity subject to this Agreement.