Common use of GRANT OF IRU Clause in Contracts

GRANT OF IRU. 1.1 Pathnet hereby grants to Customer, and Customer hereby accepts from Pathnet, an indefeasible right to use (the "IRU"): --- (a) Six (6) dark fibers on the segment from Chicago, IL to Denver, CO, which will be specifically identified by Pathnet in the Pathnet System, as more particularly described in Exhibit A, attached hereto and incorporated herein, and meeting the specifications set forth in Exhibit D, attached hereto and incorporated herein (the "Customer Fibers"); and in --------------- (b) an undivided interest in the Conduit containing the Customer Fibers, calculated pro rata and based upon the ratio of the number of Fibers in the Conduit to the total number of fibers in the Conduit (the "Associated Conduit"). ------------------ 1.2 The IRU is granted on the terms and subject to the covenants and conditions set forth in this Agreement. The IRU shall be exclusive as to the Customer Fibers, and nonexclusive as to the Associated Conduit. The IRU does not include the right of Customer to own, control, maintain, modify or revise the Customer Fibers or Associated Conduit, or the right of physical access to, the right to encumber in any manner, or other use of the Pathnet System except as expressly set forth herein. Customer's rights in the Customer Fibers and Associated Conduit are hereinafter referred to as the "Customer System"). 1.3 Each party shall have full and complete control and responsibility for determining any network and service configuration or designs, routing configurations, regrooming, rearrangement or consolidation of channels or circuits and all related functions with regard to the use of that party's fiber. 1.4 Customer acknowledges and agrees that, except as provided in section 7.2, Pathnet is not supplying nor is Pathnet obligated to supply to Customer any optronics or electronics or optical or electrical equipment or other facilities, including without limitation, generators, batteries, air conditioners, fire protection and monitoring and testing equipment, all of which are the sole responsibility of Customer, nor is Pathnet responsible for performing any work other than as specified in this Agreement. 1.5 The Acceptance Date shall be as set forth in Section 4.1. 1.6 [Intentionally omitted.]