Common use of Upgrade of System Clause in Contracts

Upgrade of System. In the event PathNet sells at least fifty (50%) percent of the Average Sold Excess Capacity of the System configured at any time or can demonstrate commitments for the sale of such Average Sold Excess Capacity, PathNet may, at its own expense, upgrade the System and Equipment, and the System and Equipment operation policies and procedures, including, but not limited to, (i) replacing Equipment, (ii) adding newly available improved Equipment, and (iii) modifying policies, procedures and specifications relating to the System, to conform such policies, procedures and specifications with new Technology or industry standards.