PURCHASER INITIATED UPGRADES. Purchaser shall be entitled at its own cost at any time to upgrade the capacity on the Submarine IRU, including upgrading the Submarine IRU so that it is equipped with the ability to carry greater than 400 Gbps of traffic when this becomes possible, provided that such upgrades are carried out in consultation with FA-1 and at a time mutually agreed by the Parties (which agreement will not be unreasonably withheld or delayed). *** FA-1 agrees to use reasonable efforts to coordinate with the third party supplier. Purchaser shall indemnify FA-1 for any damage or interruption to the System as a result of the upgrades.
Appears in 2 contracts
Sources: Indefeasible Right of Use Agreement (Flag Telecom Holdings LTD), Indefeasible Right of Use Agreement (Flag Telecom Holdings LTD)