Indefeasible Right of Use Sample Clauses

Indefeasible Right of Use. The Company hereby grants to the County for the Term of this Agreement an IRU, contingent upon timely receipt of payment as specified in Section 5 of this Agreement. The Company hereby represents and warrants that it has all necessary rights and authority to grant such indefeasible right of use.

Indefeasible Right of Use. Subject to the terms and conditions of this Agreement, and in consideration of the payment and performance of all of RCN's obligations hereunder, WorldCom hereby grants to RCN the exclusive, indefeasible and noncancellable right of use of the Dedicated Fibers and the WorldCom Laterals during the Term solely for the purposes of delivery of: (a) video programming services to end-user retail customers, and (b) telephony and data services to residential end-user retail customers. RCN shall in no event use the Dedicated Fibers or the WorldCom Laterals to provide telephone or data services to commercial, industrial, institutional (e.g. hotel, hospital, university) or other non-residential users; provided, RCN may provide telephone and data services to students residing in university dormitories or similar housing units provided by universities with which RCN has as of the date hereof, or shall within ninety (90) days after the date hereof, entered into binding contracts for the provision of such telephone and data services by RCN. Not less than ninety-five (95) days after the date hereof, RCN shall provide written notice to WorldCom delineating, together with signed copies of, all such contracts. RCN shall not use (or knowingly permit the use of) the Dedicated Fibers or WorldCom Laterals for any unlawful purpose.

Indefeasible Right of Use. (A) The County shall possess the indefeasible right to use fiber optic plant dedicated to the I-Net and any extensions or replacements thereof installed by the Franchisee (the "Indefeasible Rights of Use"). The Indefeasible Rights of Use shall be perpetual and shall survive any termination of the franchise agreement. (B) In order to protect the County’s right to continue using the Institutional Network pursuant to this Franchise Agreement, the Franchisee shall cooperate with the County in recording its indefeasible right of use interest in the fibers with the State Department of Assessments and Taxation, the County Clerk, or such other office as may be appropriate.

Indefeasible Right of Use. In addition to the Membership Interest of PSE, the Members hereby acknowledge PSE's Indefeasible Right of Use in twenty five percent (25%) of the total capacity (lit capacity and dark fiber) of the Backbone Network ("PSE IRU" or "IRU"). The PSE IRU consists of the capacity of the installed Backbone Network at any point in time. The PSE IRU will be delivered to the PSE designated Points of Presence ("POPs"). The PSE IRU will terminate at a light wave distribution frame at each of the PSE designated POPs. All multiplex, demultiplex, channelization and similar network equipment on the light wave distribution panel will be provided, installed, operated and maintained solely by PSE. All repeaters and drop/insert equipment for use in the Backbone Network will be provided, installed, operated and maintained by the Company, at its cost and expense.

Indefeasible Right of Use. A. In connection with the JazzTel Inland Cable, JazzTel hereby agrees to sell to Viatel, for U.S.$13.0 million, three (3) IRUs, each for a 20-year period, at the STM-4 level, between (a) Madrid and Barcelona, (b) Madrid and Bilbao and (c) Bilbao and Barcelona. The IRUs shall be available for use no later than March 31, 1999. If JazzTel sells an IRU on the JazzTel Inland Cable for a 20-year period for an STM-4 on the stated routes for less than U.S.$13.0 million during the first year the system is in service, JazzTel shall provide Viatel with a credit toward future capacity purchases on the JazzTel Inland Cable equal to the difference between U.S.$13.0 million and the lowest actual sale price multiplied by the actual number of STM-4s purchased by Viatel for U.S.$13.0 million. B. Viatel shall offer to sell to JazzTel three (3) IRUs, each for a 20-year period, at the STM-4 level, between any three (3) cities connected by the CIRCE PAN-EUROPEAN NETWORK for U.S.$13.0 million per STM-4, PROVIDED, HOWEVER, that JazzTel shall only be entitled FOR SETTLEMENT PURPOSES ONLY to purchase IRUs at this price only to the extent that the aggregate kilometers for the desired segments under the desired IRUs do not exceed the aggregate kilometers between (a) Madrid and Barcelona, (b) Madrid and Bilbao and (c) Bilbao and Barcelona. JazzTel shall accept such offer by delivering written notice to Viatel by December 31, 1998, together with payment of the purchase price for such IRU. Failure of JazzTel to deliver written notice together with the purchase price by such date, shall be deemed a rejection of Viatel's offer. If Viatel sells an IRU for a 20-year period for an STM-4 on CIRCE for less than U.S.$13.0 million prior to December 31, 1999, Viatel shall provide JazzTel with a credit toward future capacity purchases on CIRCE equal to the difference between U.S.$13.0 million and the lowest actual sale price multiplied by the actual number of STM-4s JazzTel purchased at or less than U.S.$13.0 million. C. It is hereby agreed that the maximum administrative and O&M expenses on the IRUs sold by JazzTel and Viatel to the other shall be U.S.$350,000 for each STM-4 per year. The terms of each such IRU shall be governed by terms substantially similar to Viatel's standard IRU Agreement for the CIRCE PAN-EUROPEAN NETWORK, a copy of which is attached hereto as Exhibit A (the "Standard IRU Agreement"). D. JazzTel shall offer, where available, JazzTel local loop circuits (2.048 Mb/s to 155 Mb...

Indefeasible Right of Use. Subject to the terms of the Agreement, Supplier agrees to grant to Customer an indefeasible right of use for exclusive access to and unrestricted use of the designated Dark Fiber Strands located within the Supplier Network along the route and at the Route End Points set forth below (“Fiber IRU Strands”). Subject to the terms of the Agreement, Supplier represents and agrees that, for all purposes, including, without limitation, for purposes of Section 541(d) of the Bankruptcy Code, with the granting of the Fiber IRU Strands hereby, Supplier (i) irrevocably transfers an equitable interest in the Fiber IRU Strands to Customer for the IRU Term, and (ii) retains all of its right, title, and interest to the Fiber IRU Strands and not any equitable interest. Supplier agrees and acknowledges that, from the Acceptance Date of the Fiber IRU Strands, it has no right to use such Fiber IRU Strands.

Indefeasible Right of Use. An indefeasible right of use, for the purposes described herein, in NU's Structures, Space and the Route as set forth in Section 4.1, including without limitation all of the rights and privileges of an Indefeasible Right of Use as generally understood and interpreted in the communications industry as an exclusive ownership right relating to communication transmission capacities and facilities.