Common use of EFFECT OF TERMINATION OF LEASE Clause in Contracts

EFFECT OF TERMINATION OF LEASE. Immediately upon termination of this Lease, or if Pathnet abandons any Fiber Optic Facilities under this Lease for a period of three years (which term shall mean the failure either to have in use or to dedicate commercially reasonable marketing efforts to sell conduit, dark fibers or capacity on the Premises), Pathnet shall relinquish to BNSF possession of the Premises, provided that, for one hundred eighty (180) days following such date Pathnet shall have the obligation to, and may continue to enter the Premises for, the sole purposes of: (i) removing all above ground Fiber Optic Facilities, (ii) removing below ground fiber Optic Facilities as desired by Pathnet or to the extent reasonably requested by BNSF, and (iii) restoring the Premises substantially to their condition on the date of this Lease, reasonable wear and tear and casualty excepted, or as approved by BNSF. Failure by Pathnet to

EFFECT OF TERMINATION OF LEASE. Immediately upon termination of this Lease, or if Pathnet abandons any Fiber Optic Facilities under this Lease for a period of three years (which term shall mean the failure either to have in use or to dedicate commercially reasonable marketing efforts to sell conduit, dark fibers or capacity on the Premises), Pathnet shall relinquish to BNSF possession of the Premises, provided that, for one hundred eighty (180) days following such date Pathnet shall have the obligation to, and may continue to enter the Premises for, the sole purposes of: (i) removing all above ground Fiber Optic Facilities, (ii) removing below ground fiber Optic Facilities as desired by Pathnet or to the extent reasonably requested by BNSF, and (iii) restoring the Premises substantially to their condition on the date of this Lease, reasonable wear and tear and casualty excepted, or as approved by BNSF. Failure by Pathnet toto comply with the foregoing sentence by one hundred eighty (180) days following the date of termination shall entitle BNSF to treat all remaining Fiber Optic Facilities as abandoned, and as the property of BNSF.