Common use of Additional Capacity Clause in Contracts

Additional Capacity. Asia Netcom may order (for and on behalf of itself and its Subsidiaries) from EAN Network and its Subsidiaries, and EAN Network may agree (for and on behalf of itself and its Subsidiaries) to deliver to Asia Netcom and its Subsidiaries, capacity in addition to the Initial Capacity (hereafter “Additional Capacity”). Any order for Additional Capacity shall be made in writing by Asia Netcom and shall contain, among other things, an accurate description of such Additional Capacity, fair market pricing for such Additional Capacity that has been mutually agreed between the Parties, and any other operation or technical information necessary for EAN Network and its Subsidiaries to activate such Additional Capacity. Any such order for Additional Capacity shall not be effective unless and until signed by authorized representatives for both Parties. For the avoidance of doubt, nothing in this Agreement shall obligate EAN Network (for and on behalf of itself or its Subsidiaries) to accept any order for Additional Capacity from Asia Netcom (for and on behalf of itself or its Subsidiaries).