Inland Capacity definition
Examples of Inland Capacity in a sentence
Grantor represents that at all times it shall use commercially reasonable efforts to require the applicable Backhaul Provider with which it has contracted to provide routine, preventive and corrective maintenance for the Inland Capacity in accordance with performance standards that at least meet prudent industry standards.
No license under patents is granted by Grantor or shall be implied or arise by estoppel in the Purchaser's favor with respect to any apparatus, system or method used by the Purchaser in connection with the use of the Inland Capacity granted to it hereunder.
Any transfer by the Purchaser of its obligations or its rights to use any Inland Capacity which is in violation of this Section 16 shall be void and of no force and effect.
In any such event, Grantor shall refund all amounts of Inland Capacity Purchase Price paid by the Purchaser with respect to such Inland Capacity as to which Purchaser's obligation has terminated within thirty (30) days after the applicable date.
In exchange for the IRU ----------------------------------------- interest granted pursuant to this Agreement in any Inland Capacity, the Purchaser shall, on or before each Payment Due Date, pay to the Grantor's Account in immediately available Dollars, an amount equal to the Inland Capacity Purchase Price; provided, however, the aggregate payments made by the Purchaser -------- ------- under paragraphs (a) and (b) of this Section 3 shall not exceed the Total Purchase Price.
This Agreement does not provide and is -------------------------------- not intended to provide third parties (including, but not limited to, customers of the Purchaser, any permitted transferee of the Inland Capacity acquired hereunder or any other permitted user of the Inland Capacity) with any remedy, claim, liability, reimbursement, cause of action, or any other right, except for assignees pursuant to an assignment which is permitted under Section 16 of this Agreement.
The Purchaser's obligation to pay for an IRU with respect to any Inland Capacity connecting with any Purchased Capacity on any Segment other than Segment S-1 (for which the RFS Date has already occurred) shall terminate if the RFS Date for such Purchased Capacity has not occurred by June 30, 1999.
The Grantor will cause all other purchasers of capacity in 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 the IRU in the Inland Capacity granted hereunder to undertake comparable obligations.
In any such event, the Purchaser may terminate this Agreement in its entirety and receive a complete refund of all amounts paid hereunder or the Purchaser may terminate this Agreement only with respect to such Inland Capacity in which case Grantor shall refund all amounts paid by the Purchaser, if any, with respect to such Inland Capacity as to which Purchaser's obligation has terminated within thirty (30) days after the applicable date.
Effective on the Initial Payment Date, Grantor -------------------------- grants to the Purchaser, for the term of this Agreement, an IRU in the Inland Capacity on the terms and conditions set forth herein.