Common use of Fibers and Use Clause in Contracts

Fibers and Use. The Grantee shall provide not less than 12 usable singlemode fibers in the Cable for the unimpeded and unrestricted use by Grantor, provided however that the requirement of usability shall not apply to any fibers located upon a Route Segment as to which the Term has expired. The Grantor shall use these 12 singlemode fibers exclusively for the Grantor’s own business purpose and other uses permitted by this Section 16.1, which shall include but not be limited to the right of the Grantor to assign any number of the 12 fibers, or resell capacity on any of the 12 fibers, provided however, that such right to assign or resell said capacity is subject to Grantee’s indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4. IA through 4.1 C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting the Grantor’s other telecommunications networks, the Grantor shall have the right to use the 12 singlemode fibers not previously provided to Grantee under the IRU ROFR or IRU Option or otherwise acquired by Grantee for any purpose until alternative arrangements can be made. If the Grantor violates the provisions of this Section 16.1 and fails to cease such violation within 90 days following written notice of such violation by the Grantee, the Grantor’s rights to use the fibers involved in such violation shall cease and the Grantee shall then have the right to use such fibers for its own business purpose.

Fibers and Use. The Grantee NEON Optica shall provide not less than 12 usable singlemode fibers fiber optic filaments in the Cable for the unimpeded and unrestricted use by GrantorNU, provided however that the requirement of usability shall not apply to any fibers located upon a Route Segment as to which the Term has expired. The Grantor NU shall use these 12 singlemode fibers fiber optic filaments exclusively for the GrantorNU’s own business purpose and other uses permitted by this Section 16.1, which shall include but not be limited to the right of the Grantor NU to assign any number of the 12 fibersfiber optic filaments, or resell capacity on any of the 12 fibersfiber optic filaments, provided however, that such right to assign or resell said capacity is subject to GranteeNEON Optica’s indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4. IA 4.1B through 4.1 C 4.1C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting the GrantorNU’s other telecommunications networks, the Grantor NU shall have the right to use the 12 singlemode fibers not previously provided to Grantee NEON Optica under the IRU ROFR or IRU Option or otherwise acquired by Grantee NEON Optica for any purpose until alternative arrangements can be made. If the Grantor NU violates the provisions of this Section 16.1 and fails to cease such violation within 90 days following written notice of such violation by the GranteeNEON Optica, the GrantorNU’s rights right to use the fibers involved in such violation shall cease and the Grantee NEON Optica shall then have the right to use such fibers for its own business purpose.

Fibers and Use. The Grantee shall provide not less than 12 usable singlemode fibers in the Cable for the unimpeded and unrestricted use by Grantor, provided however that the requirement of usability shall not apply to any fibers located upon a Route Segment as to which the Term has expired. The Grantor shall use these 12 singlemode fibers exclusively for the Grantor’s 's own business purpose and other uses permitted by this Section 16.1, which shall include but not be limited to the right of the Grantor to assign any number of the 12 fibers, or resell capacity on any of the 12 fibers, provided however, that such right to assign or resell said capacity is subject to Grantee’s 's indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4. IA through 4.1 C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting the Grantor’s 's other telecommunications networks, the Grantor shall have the right to use the 12 singlemode fibers not previously provided to Grantee under the IRU ROFR or IRU Option or otherwise acquired by Grantee for any purpose until alternative arrangements can be made. If the Grantor violates the provisions of this Section 16.1 and fails to cease such violation within 90 days following written notice of such violation by the Grantee, the Grantor’s 's rights to use the fibers involved in such violation shall cease and the Grantee shall then have the right to use such fibers for its own business purpose.

Fibers and Use. The Grantee NEON Optica shall provide not less than 12 usable singlemode fibers fiber optic filaments in the Cable for the unimpeded and unrestricted use by GrantorNU, provided however that the requirement of usability shall not apply to any fibers located upon a Route Segment as to which the Term has expired. The Grantor NU shall use these 12 singlemode fibers fiber optic filaments exclusively for the Grantor’s NU's own business purpose and other uses permitted by this Section 16.1, which shall include but not be limited to the right of the Grantor NU to assign any number of the 12 fibersfiber optic filaments, or resell capacity on any of the 12 fibersfiber optic filaments, provided however, that such right to assign or resell said capacity is subject to Grantee’s NEON Optica's indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4. IA 4.1B through 4.1 C 4.1C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting the Grantor’s NU's other telecommunications networks, the Grantor NU shall have the right to use the 12 singlemode fibers not previously provided to Grantee NEON Optica under the IRU ROFR or IRU Option or otherwise acquired by Grantee NEON Optica for any purpose until alternative arrangements can be made. If the Grantor NU violates the provisions of this Section 16.1 and fails to cease such violation within 90 days following written notice of such violation by the GranteeNEON Optica, the Grantor’s rights NU's right to use the fibers involved in such violation shall cease and the Grantee NEON Optica shall then have the right to use such fibers for its own business purpose.