Common use of Existing Network Clause in Contracts

Existing Network. IDT hereby grants and conveys to Net2Phone an ---------------- indefeasible right to use and enjoy, to the extent of IDT's rights therein, those equipment items, equipment leases and rights of use and/or access which are part of IDT's existing DS3 network and are described on Exhibit A hereto --------- (the "Existing Network"), such grant and conveyance to be effective as of the date hereof. The foregoing grant and conveyance shall terminate with respect to any item described on Exhibit A hereto upon the first of the following to occur: --------- (i) with respect to any part of the Existing Network, upon the expiration of the respective lease or other agreement set forth in Exhibit A relating to such part --------- of the Existing Network; (ii) with respect to any part of the Existing Network which will be replaced by the Frontier Network (as defined below), upon Net2Phone exercising its rights set forth in Section 2(a) hereof with respect to such part of the Existing Network; or (iii) with respect to any part of the Existing Network not sooner terminated pursuant to clauses (i) or (ii) above, upon the mutual consent of IDT and Net2Phone. Net2Phone hereby agrees it shall perform all obligations reasonably required of it by IDT and shall do nothing whatsoever in violation of the agreements set forth on Exhibit A. It is expressly understood that IDT --------- remains the primary party with respect to all agreements set forth on Exhibit A --------- and retains all obligations to pay rent and/or usage fees in connection therewith.

Appears in 2 contracts

Sources: Internet/Telecommunications Agreement (Net2phone Inc), Internet/Telecommunications Agreement (Idt Corp)