Fiber Network Clause Samples

Fiber Network. You understand and agree that the fiber installed or provided by ALLO will remain connected on the premise through the duration of your Services with us, as well as after termination of the Services. Fiber service is installed either underground or aerial, and will usually follow the same route as existing telephone or television cabling. You acknowledge that ALLO will need access to either your front or back yard, depending on your neighborhood power and communications utility locations. For new and existing single unit installations, the fiber shall become a fixture to the realty upon installation. You shall be responsible for the payment of any damages resulting from your or a third party’s negligence or misuse of the fiber network. You acknowledge and agree that you or a third party may not remove, replace, rearrange, attach to, or repair the fiber network. You may otherwise be held responsible for the cost of rectifying the fiber network and we may terminate or suspend your Services.

Fiber Network. Except for violations and defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect: (a) The collocation facilities operated by the Company as commercial data centers and the Company’s Physical Network, taken as a whole, are, in all material respects, working, functional, fit for the purpose intended, have been maintained, subject to ordinary wear and tear, in good repair and working order condition and are without any material defects for purposes of operating the business as operated by the Company. (b) The Company has a Valid Right, or otherwise has the right, to use all equipment reasonably necessary to operate the Physical Network of the Company as currently operated by the Company.

Fiber Network. Network Provider intends to design, construct and install an up to 1 Gigabit capable fiber network (the "Fiber Network") within the geographic boundaries of the City of Overland Park, Kansas (the "Market Area"). Concurrent with or following completion of the Fiber Network, Network Provider may then design, construct and install a WiFi network (the “WiFi Network”) within the Market Area. The terms “Fiber Network” and “WiFi Network” shall sometimes be collectively referred to as the “Network.” In the event Network Provider is able to successfully construct the Fiber Network within the scope of its defined plans and objectives, Network Provider intends to utilize the Fiber Network for commercial purposes to sell and provide various broadband and video services to residents within the Market Area (the "Services"). Subject to Network Provider’s discretion to construct the WiFi Network, Network Provider may decide to deploy the WiFi Network within limited sections of the Market Area to be used for public WiFi access and subsequently for commercial purposes.

Fiber Network. The description of the Fiber comprising the Acquired Companies’ Fiber networks and the list of equipment and the location thereof used by the Acquired Companies to “light” such Fiber set forth in Section 3.24(b) of the Company Disclosure Schedule (including in any .KMZ file referenced on such Section of the Company Disclosure Schedule and delivered in connection with execution of this Agreement) are true and complete in all material respects.

Fiber Network. Except for violations and defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect: (a) The facilities operated by the Target Companies as commercial data centers and the fibers and fiber miles owned or leased by the Target Companies, taken as a whole, are, in all material respects, working, functional, fit for the purpose intended, have been maintained, subject to ordinary wear and tear, in good repair and working order condition and are without any material defects for purposes of operating the business as operated by the Target Companies. (b) The Target Companies validly own, or otherwise have the right to use, all equipment reasonably necessary to operate the fibers and fiber miles owned or leased by the Target Companies as currently operated by the Target Companies.

Fiber Network. Except, in the case of paragraphs (b), (c) and (d), for violations and defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect: (a) Section 2.21(a) of the Company Disclosure Schedule sets forth (i) a description, that is true and complete in all material respects of the collocation facilities operated by the Acquired Entities as commercial data centers, (ii) a Google Earth KMZ digital file of a map of the Physical Network (including any fiber routes under construction) that identifies which locations are owned or leased and that is accurate and complete in all material respects as of May 7, 2019 and (iii) a complete list of material outages, failures, breakdowns or continuous periods of substandard service and material network and collocation service unavailability which resulted in customer service credits greater than $50,000 during the four years prior to the date hereof. (b) Each of the collocation facilities operated by the Company as commercial data centers and the Company’s Physical Network, taken as a whole, are, in all material respects, working, functional, fit for the purpose intended, have been maintained, subject to ordinary wear and tear, in good repair and working order condition and are without any material defects for purposes of operating the business of the Acquired Entities. (c) The Company has a Valid Right, or otherwise has the right, to use all equipment necessary to operate the Physical Network of the Company as currently operated by the Company. Other than through the process of eminent domain, no Governmental Entity or other third party has any right to purchase or otherwise acquire or lease the Physical Network or any material portion thereof, and there is currently no action or proceeding pending or, to the Knowledge of the Company, threatened, whereby a Governmental Entity or other third party is seeking to purchase or otherwise acquire or lease the Physical Network or any portion thereof. (d) The Acquired Entities have acquired Valid Rights necessary or required for constructing and using the Physical Network, including having (i) obtained the necessary Governmental Authorizations and rights-of-way, obtained easements and placed conduit, cables and structures in the appropriate locations along the Physical Network as necessary or required; (ii) used their reasonable efforts to protect the property of owners and any adjacent property, and used their reasonable ...

Fiber Network. The Grantee shall provide the Fiber Network as specified in Exhibits B and F.

Fiber Network. Schedule 4.27 sets forth a map of fiber network used or useful in the conduct of the Business that is either owned, leased or swapped by the Seller Companies or their Affiliates.

Fiber Network a. Grantee shall provide County with a construction capital credit for the construction of a fiber network connecting PEG origination sites that will be completed by Grantee on or before December 31, 2007. Once constructed this fiber network may be utilized by County for any lawful, non-commercial use for governmental or educational purposes, as determined in County’s sole discretion. This construction capital credit shall include funding for edge and switching equipment to enable the activation of origination points for the fiber network. The total amount dedicated for construction credits shall be $620,206. The Construction Cost, as defined in Exhibit F, consists of $496,195 dedicated to constructing locations to be mutually agreed upon, $5,607 which is the County’s allocated portion of the costs associated with origination sites for PEN-TV and $118,404 as the County’s allocated portion of edge and switching equipment necessary to enable the activation of origination sites for voice, video and data use throughout the entire fiber network. b. To the extent County chooses to apply the construction credits to construct the fiber network, Grantee agrees to build the network at a cost “not to exceed” the Construction Cost. c. The County is permitted to reduce the Construction Cost of the network and reallocate the funds for additional PEG access capital funds in the County’s discretion. In determining whether to transfer funds from network Construction Cost to local PEG equipment use, the County agrees that it will make a final decision regarding the transfer of funds on or before ninety (90) days following the effective date of this Franchise. County acknowledges that it must coordinate the elimination of any specified locations with Grantee to determine the precise financial impact such modification may have on the total Construction Cost. Grantee agrees to promptly provide cost information for specified locations to facilitate County’s decision. Any funds transferred from Construction Cost to PEG access capital funds shall be paid to the County on or before January 31, 2007.