Common use of SYSTEM DECOMMISSIONING Clause in Contracts

SYSTEM DECOMMISSIONING. The System shall be decommissioned at such time, no earlier than 15 years and no later than 25 years from the Initial RFS Date, as either FA-1 or the holders of three quarters of the then activated capacity on the System determine that the System is technically obsolete or has reached the end of its useful economic life. There shall be no compensation payable to GTE whether GTE voted for or against decommissioning. This provision is without prejudice to the rights of FA-1 to decommission the System without any liability to GTE whatsoever, in the event of a Force Majeure Event which makes it impossible to maintain the business efficacy of the System. FA-1 will notify GTE of the possibility of any such decommissioning of the System by FA-1 and give due consideration to GTE's position and concerns regarding such possible decommissioning when considering whether to decommission the System.

Appears in 2 contracts

Sources: Capacity Right of Use Agreement (Flag Telecom Holdings LTD), Capacity Right of Use Agreement (Flag Telecom Holdings LTD)