USE OF FIBERS Sample Clauses

USE OF FIBERS. 4.1 Recipient acknowledges that Grantor's obligation to provide Recipient an IRU in the Fibers extends solely to the fiber itself, and that Grantor is not, and shall not be, obligated to provide Recipient with any equipment that Recipient may choose to use in connection with the Fibers. 4.2 Nothing in this Agreement shall be construed as conveying to Recipient any right, title or interest in the Cable, the Fibers, or any poles, towers, conduits or real property on, over or under which the foregoing are located, except for the right to use the Fibers for Authorized Use pursuant to this Agreement. The Cable and the Fibers shall at all times remain the sole and exclusive property of Grantor and legal title shall be held by Grantor. Recipient shall not grant any security interest in the Cable, the Fibers, or any part or component thereof. Recipient shall neither cause nor allow any third party to claim any lien or incumbrance against the Cable or the Fibers. Recipient shall not make any representations or take any actions inconsistent with Grantor’s ownership of such facilities. 4.3 The IRU granted to Recipient does not include any rights of access to the Fibers in the Cable or the applicable rights-of-way other than as required for Recipient to exercise its rights of interconnection pursuant to Article 7 and as are otherwise specifically permitted by the terms of this Agreement, subject to the Underlying Rights Requirements. 4.4 The requirements, restrictions, and/or limitations upon Recipient’s right to access and use the Fibers imposed in connection with the Underlying Rights are referred to collectively as the “Underlying Rights Requirements.” Recipient represents, warrants and covenants that it will access and use the Fibers in compliance with and subject to the Underlying Rights Requirements, provided that Grantor has used commercially reasonable efforts to notify Recipient of such Underlying Rights Requirements. Grantor shall use commercially reasonable efforts to timely notify Recipient of any changes to such Underlying Rights Requirements. When entering into Underlying Rights agreements after the Acceptance Date, Grantor shall make commercially reasonable efforts to minimize the effect of any associated Underlying Rights Requirements on the ability of Recipient to access and use the Fibers pursuant to this Agreement. 4.5 Except as provided in the RECITALS and in Article 22, Recipient shall not directly or indirectly transfer, sell, assign, swap, excha...
Sample 1
AutoNDA by SimpleDocs
USE OF FIBERS. A Participating Agency shall have complete free and unrestricted use of the Fiber Strands installed and allocated to it under a Project Agreement for any lawful purpose subject to applicable agreements, approvals, permission and permits. Common Fiber Spares, if provided for in a Project Agreement, shall be held in trust by the Consortium for the future benefit of the members. Identified Common Fiber Spares shall be used only as replacements for disabled Fibers Strands unless documented and agreed to in a Fiber Optic Project Document. Use of Common Fiber Spares shall be implemented by the Executive Board with notification to all Consortium Members and Participating Agencies.
Sample 1
USE OF FIBERS. Subject to Southern Telecom's rights hereunder, IFN may use or permit third parties to use the Fiber Optic Facility and receive all revenue arising out of such use. IFN will not permit others to use the Fiber Optic Facility or the telecommunications capacity thereof without first obtaining all required regulatory certifications or approvals from appropriate regulatory bodies.
Sample 1
USE OF FIBERS. 7.1 During the term of this Agreement, SI may use (or permit the use of) the Additional Fibers and the communications transmission capacity thereof for any lawful purpose; provided however, SI agrees not to use the facilities provided under this Agreement specifically for local exchange services or for intrametropolitan area dedicated facilities (i) to provide connections or complete traffic between customers or between customers and Unaffiliated Carriers and (ii) until notification by SI to APC to proceed with commencement of work on either Route Segment Number 2 or Route Segment Number 3 to provide connections or complete traffic to or between any interexchange carriers or alternate access providers except the following: MCI Telecommunications Corporation, Sprint, Telecom USA and any Affiliated Carrier of SI. SI warrants that such fibers, capacity and the use thereof shall not be provided to others without first obtaining all required regulatory certifications by appropriate regulatory bodies. 7.2 During the Term of this Agreement, APC may use (or permit use of) the Primary Fibers for any lawful purpose, including without limitation, for (a) its internal telecommunications, (b) communications with its suppliers directly related to its electric utility business, (c) communications with its electricity customers directly related to (i) the providing of electric service by APC to such customers, (ii) the providing of weather radar services by APC to such customers or (iii) the providing of other services by APC to such customers which services are not, at the time of the commencement of the provision of such services by APC, in competition with services then offered by SI or services which SI is then in the process of actively planning or implementing, (d) the provision of telecommunications capacity, telecommunication services, or any combination thereof to any person or entity primarily engaged in the business of generating, transmitting or distributing electric power (or any combination thereof) and their affiliates engaged in such business for their internal use in connection with such business (e) the provision of certain communication services without charge to a limited number of users with highly specialized needs that cannot be met by SI (similar to services provided to similar users without charge by APC prior to the Effective Date of this Agreement) who request such services without solicitation by APC (each of the uses or services set forth in t...
Sample 1
USE OF FIBERS. (a) Poudre Valley hereby licenses to Northern Water for the duration of this Agreement, four and one quarter (4.25) fiber miles (specifically consisting of seventy-two
Sample 1

Related to USE OF FIBERS

  • Use of FIIOC’s and FSC's Name The Trust shall not use the name of FIIOC and FSC in any Prospectus, sales literature or other material relating to the Trust or any Fund of the Trust in a manner not consented to by FIIOC and FSC prior to use; provided, however, that FIIOC and FSC shall approve all uses of its name which merely refer in accurate terms to its appointments, duties or fees hereunder or which are required by the Securities and Exchange Commission ("SEC" or “Commission”) or a state securities commission; and further, provided that in no event shall such approval be unreasonably withheld.

  • Use of First Samples Drawn For the purposes of all samples (Discovery Sample(s) and Full Sample(s)) discussed in this Appendix, the Paid Claims selected in each first sample shall be used (i.e., it is not permissible to generate more than one list of random samples and then select one for use with the Discovery Sample or Full Sample).

  • Use of Logos The Company hereby consents to the use of its and its Subsidiaries’ logos in connection with the Debt Financing so long as such logos (i) are used solely in a manner that is not intended to or likely to harm or disparage the Company Group or the reputation or goodwill of the Company Group; (ii) are used solely in connection with a description of the Company, its business and products or the Merger; and (iii) are used in a manner consistent with the other terms and conditions that the Company reasonably imposes.

  • Use of Data by User Registry Operator will permit user to use the zone file for lawful purposes; provided that (a) user takes all reasonable steps to protect against unauthorized access to and use and disclosure of the data and (b) under no circumstances will Registry Operator be required or permitted to allow user to use the data to, (i) allow, enable, or otherwise support the transmission by email, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than user’s own existing customers, or (ii) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator or any ICANN-­‐accredited registrar.

  • Use of websites (a) The Guarantor may satisfy its obligation to deliver any public information to the Lenders by posting this information onto an electronic website designated by the Guarantor and the Administrative Agent (the “Designated Website”) by notifying the Administrative Agent (i) of the address of the website together with any relevant password specifications and (ii) that such information has been posted on the website; provided, that in any event the Guarantor shall supply the Administrative Agent with one copy in paper form of any information which is posted onto the website. (b) The Administrative Agent shall supply each Lender with the address of and any relevant password specifications for the Designated Website following designation of that website by the Guarantor and the Administrative Agent. (c) The Guarantor shall promptly upon becoming aware of its occurrence notify the Administrative Agent if: (i) the Designated Website cannot be accessed due to technical failure; (ii) the password specifications for the Designated Website change; (iii) any new information which is required to be provided under this Guaranty is posted onto the Designated Website; (iv) any existing information which has been provided under this Guaranty and posted onto the Designated Website is amended; or (v) the Guarantor becomes aware that the Designated Website or any information posted onto the Designated Website is or has been infected by any electronic virus or similar software. If the Guarantor notifies the Administrative Agent under Section 8.3(c)(i) or Section 8.3(c)(v) above, all information to be provided by the Guarantor under this Guaranty after the date of that notice shall be supplied in paper form unless and until the Administrative Agent is satisfied that the circumstances giving rise to the notification are no longer continuing.

  • Use of Cookies 5.1 We use cookies to ensure that our website works effectively and to support your trading activities. Cookies are small text files sent from our web server to your computer. Our cookies do not contain any personal data, account numbers, or passwords. 5.2 We may enlist outside organizations to help us manage the website and collect and analyze statistical data. These outside organizations may install and use their own cookies on our behalf.

  • Use of Software Any software that is available on the Services ("Software") is the copyrighted work of Red Hat and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license. WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, RED HAT, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Use of Data (a) In connection with the provision of the services and the discharge of its other obligations under this Agreement, State Street (which term for purposes of this Section XXIX includes each of its parent company, branches and affiliates (''Affiliates")) may collect and store information regarding a Trust and share such information with its Affiliates, agents and service providers in order and to the extent reasonably necessary (i) to carry out the provision of services contemplated under this Agreement and other agreements between the Trusts and State Street or any of its Affiliates and (ii) to carry out management of its businesses, including, but not limited to, financial and operational management and reporting, risk management, legal and regulatory compliance and client service management.

  • Use of Facility The Facility will be used for the purposes specified in the Recital.

  • Use of Marks To the extent one party’s Marks must be utilized by the other party in connection with the operation of a particular Component System or the Licensed Services related to the particular Component System: the Company hereby grants to BNYM a non-exclusive, limited license to use its Marks solely in connection with the Licensed Services provided by the Component System; BNYM hereby grants to the Company a non-exclusive, limited license to use its Marks solely in connection with the Licensed Services provided by the Component System; all use of Marks shall be in accordance with the granting party’s reasonable policies regarding the advertising and usage of its Marks as established from time to time; the Company hereby grants BNYM the right and license to display the Company’s Mark’s on applicable BNYM Web Applications and in advertising and marketing materials related to the BNYM Web Application and the Licensed Services provided by the relevant Component System; each party shall retain all right, title and interest in and to its Marks worldwide, including any goodwill associated therewith, subject to the limited license granted in this Section 4.5; use of the Marks hereunder by the grantee pursuant to this limited license shall inure to the benefit of the trademark owner and grantees shall take no action that is inconsistent with the trademark owner’s ownership thereof; each party shall exercise reasonable efforts within commercially reasonable limits, to maintain all on-screen disclaimers and copyright, trademark and service xxxx notifications, if any, provided to it by the other party in writing from time to time, and all “point and click” features relating to Authorized Persons’ acknowledgment and acceptance of such disclaimers and notifications; and a party shall immediately cease using another party’s Marks immediately upon termination of the Licensed Rights governing the relevant Component System.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!