PREFERRED CAPACITY PROVIDER Clause Samples

PREFERRED CAPACITY PROVIDER. Provided that neither the Grantor nor the Purchaser is in default with respect to any provision of this Agreement and the Purchaser has fulfilled its obligations with respect to the Purchased Capacity, the parties agree as follows: with respect to Capacity associated with city pairs indicated in the Initial Network Deployment Plan under the columns headed "On-Net PLs Now" and "On-Net PLs 12 Mo." and any additional Capacity added to the Network Deployment Plan in accordance with the provisions of Section 2.5, the Purchaser shall have the right to solicit bids relating to such Capacity from Third-Party Service Providers and, in the event that the Purchaser shall receive a bona fide written offer from such Third-Party Service Provider relating to the provisioning of such Capacity, the Purchaser shall be obligated to take such bona fide written offer to the Grantor and the Grantor shall have a right of first refusal to match the price and terms of such bona fide written offer. In the event that the Grantor elects to match the price and terms of such bona fide written offer, the Purchaser shall be obligated to provision such Capacity with the Grantor. Except as set forth in this Section and as otherwise provided for pursuant to this Agreement, the Purchaser shall not be obligated to provision capacity with the Grantor.
View SourceView Similar (3)

Related to PREFERRED CAPACITY PROVIDER

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Shareholder Capacity By executing and delivering this -------------------- Agreement, Shareholder makes no agreement or understanding herein in his capacity as a director or officer of the Company or any subsidiary of the Company. Shareholder signs solely in his capacity as the beneficial owner of Shareholder's Shares and nothing herein shall limit or affect any actions taken by Shareholder in his capacity as an officer or director of the Company or any subsidiary of the Company.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • Power and Capacity Each Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes each Shareholder’s valid, legal and binding obligation and is enforceable against such Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • Action in Shareholder Capacity Only The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities and nothing in this Agreement restricts or limits any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.