Common use of Rights of Access and Use Clause in Contracts

Rights of Access and Use. (i) Upon the terms and conditions set forth in this Section 5, BecoCom hereby grants to Carrier the exclusive, indefeasible and non-cancellable right of access to and use of the BecoCom Facilities for the conduct of the Business during the Term (as defined in Section 9 hereof); (ii) Upon the terms and conditions set forth in this Section 5, BecoCom hereby grants to Carrier, with respect solely to the provision of Services, the exclusive, indefeasible and non-cancellable right of access to and use of the BecoCom Rights-of-Way, subject to the provisions of Sections 3(a), 5(c)(ii) and 6 hereof. (iii) Carrier may not resell, lease, license, transfer or otherwise provide the right to use dark Fibers included in the BecoCom Facilities without BecoCom's consent, which shall not be unreasonably withheld or delayed; and (iv) BecoCom may not resell, lease, license, transfer or otherwise provide the right to use dark Fibers included in the BecoCom Facilities, without providing Carrier an opportunity to purchase or lease such dark Fibers on the same terms offered, in writing, by a party who is not an Affiliate of BecoCom. The rights granted to Carrier under this Section 5(a) (herein called the "Indefeasible Rights") include the right of access to and use of the BecoCom System as if Carrier were the holder of such rights of access to and use of the BecoCom System as BecoCom holds, including the right to solely use the BecoCom System in the conduct of the Business.