Common use of Indefeasible Right to Use Clause in Contracts

Indefeasible Right to Use. The LLC hereby grants to Pathnet for the term of this Agreement a non-exclusive and indefeasible right to use each of the Facilities at such sites set forth on Schedule B, and Equipment, including, without limitation, the Initial System, in each case to the extent necessary for the performance of Pathnet's rights and obligations under this Agreement including the right to create and sell capacity on the System including any Capacity Expansion on the System.