Common use of PREFERRED CAPACITY PROVIDER Clause in Contracts

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.