Upgrade of System. In accordance with its performance of the Services, Pathnet shall have the right, at its own expense and with the LLC's prior approval, which approval shall not be unreasonably withheld or delayed, to 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; provided, however, nothing contained in this Section 8.1.2 shall limit Pathnet's rights to perform any Capacity Expansion pursuant to this Agreement.
Appears in 2 contracts
Sources: Fixed Point Microwave Services Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)