Customer Fibers definition
Examples of Customer Fibers in a sentence
Should any portion of a Collocation Site or the Customer Fibers be acquired by eminent domain, nationalization, or expropriation (each of which, a "Taking") by any authority or entity possessing such power, then each Party shall be excused from performance of its obligations to the extent provided in Section 17.1. Provider shall give Customer notice of any proposed Taking within fifteen (15) days of Provider itself receiving notice of any proceedings.
If Provider is required to relocate the Customer Fibers, Provider shall give Customer not less than 180 calendar days' prior written notice (unless Provider has received less than 180 days' notice, in which case Provider shall give notice to Customer as promptly as reasonably practicable after Provider receives such notice or determines that a relocation is necessary) of such relocation.
The cycle described above of testing, taking corrective action and re-testing shall take place as many times as necessary to ensure that the Customer Fibers operate within the parameters of the applicable specifications.
Customer shall keep all portions of the Pathnet System free from any liens, rights or claims of any third party attributable to Customer, except that Customer may encumber the IRU granted to Customer in the Customer Fibers and Customer's interest in Associated Conduit, on the condition that the interest of any lien holder is subordinate to the interest of Pathnet and other interests and rights in and to the Customer Fibers and the Associated Conduit.
The IRU shall be exclusive as to the Customer Fibers, and nonexclusive as to the Associated Conduit.
Provider shall avoid performing maintenance between 0600-2200 Central time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of the Customer Fibers.
Provider shall be responsible for all ad valorem property taxes relating to portions of its network, excluding the Customer Fibers, as well as any taxes required for the provision of the maintenance and collocation services under this Agreement.
After taking such actions and re-testing of the Customer Fibers, Pathnet shall provide Customer with a copy of the new test results and Customer shall again have the right to conduct its own Fiber Acceptance Testing as set forth above.
Upon such termination, the IRU in the affected portion of the Pathnet System shall immediately terminate, and the Customer Fibers in the affected portion of the Pathnet System shall thereupon revert to Pathnet without reimbursement of any of the IRU Fee or other payments previously made with respect thereto.
Underlying Rights shall not be deemed to include franchises, municipal licenses and other approvals or permits issued by governmental authorities that may be necessary for the creation and sale of telecommunications capacity on the Customer Fibers.