GRANT OF IRU. Norlight desires to obtain an IRU for optical fiber in the US Xchange Cable specifically described in Exhibit A to this Agreement. From time to time additional routes may be added by amending Exhibit A to this Agreement. For each IRU granted, a separate Exhibit A, executed by both parties, will be attached hereto, titled so as to identify the Cable route and resulting IRU. Upon Acceptance of a Segment by Norlight, US Xchange grants an IRU to Norlight for the IRU Fibers specified in the applicable Exhibit A. Upon Acceptance, US Xchange also grants a non-exclusive right to use tangible and intangible property Norlight needs to use its IRU Fibers, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment, but excluding any electronic or optronic equipment. Norlight shall be entitled to use its IRU Fibers for any lawful purposes subject to (i) agreeing to be bound by all laws, regulations and any requirements of Rights-of-Way agreements relating to access; (ii) agreeing to appoint US Xchange as its agent for matters relating to access to the Rights-of-Way; and (iii) agreeing to notify US Xchange of any transfer and obtaining from any transferee undertakings to be bound by the above as per the terms and conditions of the Rights-of-Way agreements.
Appears in 2 contracts
Sources: Fiber Optic Construction Agreement and Grant of Iru (Norlight Telecommunications, Inc.), Fiber Optic Construction Agreement and Grant of Iru (Norlight Telecommunications, Inc.)
GRANT OF IRU. Norlight Grantee desires to obtain an IRU for optical fiber in the US Xchange Grantor Cable specifically described in Exhibit A to this Agreement. From time to time --------- additional routes may be added by amending Exhibit A to this Agreement. For each --------- IRU granted, a separate Exhibit A, executed by both parties, will be attached --------- hereto, titled so as to identify the Cable route and resulting IRU. Upon Acceptance of a Segment by NorlightGrantee, US Xchange Grantor grants an IRU to Norlight Grantee for the IRU Fibers specified in the applicable Exhibit A. Upon Acceptance, US Xchange Grantor also --------- grants a non-exclusive right to use tangible and intangible property Norlight Grantee needs to use its IRU Fibers, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment, but excluding any electronic or optronic equipment. Norlight Grantee shall be entitled to use its IRU Fibers for any lawful purposes subject to (i) agreeing to be bound by all laws, regulations and any requirements of Rights-of-Way agreements relating to access; (ii) agreeing to appoint US Xchange Grantor as its agent for matters relating to access to the Rights-of-Way; and (iii) agreeing to notify US Xchange Grantor of any transfer and obtaining from any transferee undertakings to be bound by the above as per the terms and conditions of the Rights-of-Way agreements.
Appears in 1 contract
Sources: Fiber Optic Agreement (Choice One Communications Inc)