Fibers and Use Sample Clauses

Fibers and Use. NECOM shall provide not less than 12 usable singlemode fiber optic filaments in the Cable for the unimpeded and unrestricted use by NU, provided however that the requirement of usability shall not apply to any fiber optic filaments located upon a Route Segment or alternate path as to which the Term has expired. NU shall use these 12 singlemode fiber optic filaments exclusively for NU's own business purposes and other uses permitted by this Section 16.1, which shall include but not be limited to the right of NU to assign any number of the 12 fiber optic filaments, or resell capacity on any of the 12 fiber optic filaments, provided however, that until September 27, 2001, NU shall not have the right, directly or indirectly, to assign for the purpose of carrier's carrier service, any number of the 12 fiber optic filaments, or resell capacity on any of the 12 fiber optic filaments, to any of the following entities or an entity which was an affiliate (as that term is defined under the Securities Act of 1933, as amended) as of September 27, 1994 of any such entity without the prior written consent (to which Section 31 shall not apply) of NECOM: [**] However, this restriction shall not [**] (i); and (ii) [**] Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. [**] to any customer subscriber destination. (Subsections (i) and (ii) immediately above hereinafter defined as "Carriage of Capacity"). These services will have [**] according to the following allocations: NECOM shall pay NU [**] (as that term is defined in the Service Agreements to be negotiated and signed by FiveCom LLC and NUTEL LLC pursuant to the Letter Agreement between Central Maine Power Company, NU, FiveCom, Inc., and MaineCom Services dated February 23, 1996) resulting from NECOM's Carriage of Capacity. NU shall pay NECOM [**] resulting from NU's Carriage of Capacity. Notwithstanding the foregoing, [**] telecommunications networks, NU [**] can be made. If [**] for its own business purpose.
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Fibers and Use. NEON Optica shall provide not less than 12 usable singlemode fiber optic filaments in the Cable for the unimpeded and unrestricted use by NU, provided however that the requirement of usability shall not apply to any fibers located upon a Route Segment as to which the Term has expired. NU shall use these 12 singlemode fiber optic filaments exclusively for NU's own business purpose and other uses permitted by this Section 16.1, which shall include but not be limited to the right of NU to assign any number of the 12 fiber optic filaments, or resell capacity on any of the 12 fiber optic filaments, provided however, that such right to assign or resell said capacity is subject to NEON Optica's indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4.1B through 4.1C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting NU's other telecommunications networks, NU shall have the right to use the 12 singlemode fibers not previously provided to NEON Optica under the IRU ROFR or IRU Option or otherwise acquired by NEON Optica for any purpose until alternative arrangements can be made. If NU violates the provisions of this Section 16.1 and fails to cease such violation within 90 days following written notice of such violation by NEON Optica, NU's right to use the fibers involved in such violation shall cease and NEON Optica shall then have the right to use such fibers for its own business purpose.
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Fibers and Use. For a period of [**] commencing upon the Installation Date, Grantor's use of CMPNET shall be restricted to Grantor's Internal Business Purposes, except by the written permission of Grantee, such permission not being subject to reasonableness ("Restricted Period"). Following said period, the Grantor's use of CMPNET is unrestricted.
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Fibers and Use. The Grantee shall provide not less than # usable singlemode fibers in the Cable in any Duct Segment for the unimpeded and unrestricted use by the Grantor, provided however that the requirement of usability shall not apply to any fibers located in a Duct Segment as to which the Term has expired. The Grantor may use these # singlemode fibers either (i) for the Grantor's own business purposes or (ii) may assign any number of the # fibers, or resell capacity on any of the # fibers, except that during the first ____ years of this Agreement, the Grantor may assign fibers or sell capacity only to a person, business, or entity which purchases electric service from the Grantor, provided however, that during that ____ year period, the Grantor shall not have the right, directly or indirectly, to assign any number of the # fibers, or resell capacity on any of the # fibers, to any of the following entities or an Affiliate of any such entity without the prior written consent (to which Section 30 shall not apply) of the Grantee: ----------------------------- ----------------------------- ----------------------------- ----------------------------- Notwithstanding the foregoing, in times of emergencies affecting the Grantor's other telecommunications networks, the Grantor shall have the right to use the # singlemode fibers for any purpose until alternative arrangements can be made. If the Grantor violates the provisions of this Section 16.1 and fails to cease such violation within 90 days following notice of such violation by the Grantee, the Grantor's right to use the fibers involved in such violation shall cease and the Grantee shall then have the right to use such fibers for its own purposes.
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Related to Fibers and Use

  • Sources and Uses The sources and uses of the Loans shall be as set forth in Section 3.12.

  • Zoning and Uses Without the prior written consent of Landlord, which shall not be unreasonably withheld unless the action for which consent is sought could adversely affect the Primary Intended Use of a Facility (in which event Landlord may withhold its consent in its sole and absolute discretion), Tenant shall not (i) initiate or support any limiting change in the permitted uses of the Leased Property (or to the extent applicable, limiting zoning reclassification of the Leased Property); (ii) seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to the Leased Property or use or permit the use of the Leased Property; (iii) impose or permit or suffer the imposition of any restrictive covenants, easements or encumbrances (other than Permitted Leasehold Mortgages) upon the Leased Property in any manner that adversely affects in any material respect the value or utility of the Leased Property; (iv) execute or file any subdivision plat affecting the Leased Property, or institute, or permit the institution of, proceedings to alter any tax lot comprising the Leased Property; or (v) permit or suffer the Leased Property to be used by the public or any Person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement (provided that the proscription in this clause (v) is not intended to and shall not restrict Tenant in any way from complying with any obligation it may have under applicable Legal Requirements, including, without limitation, Gaming Regulations, to afford to the public access to the Leased Property).

  • Configuration The configuration for the Purchase Right Aircraft will be the Detail Specification for Model 767-3S2F aircraft at the revision level in effect at the time of the Supplemental Agreement. Such Detail Specification will be revised to include (i) changes required to obtain required regulatory certificates and (ii) other changes as mutually agreed upon by Boeing and Customer.

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Intended Use (a) The residential units in the Facility are allocated as follows (“Intended Use”):

  • Possession and Use 10 Section 8.3 Sublease................................................................. 10

  • Unsuitable for its Primary Intended Use A state or condition of the Hotel such that, in the good faith judgment of Lessee, reasonably exercised and evidenced by the resolution of the board of directors or other governing body of Lessee, due to casualty damage or loss through Condemnation, the Hotel cannot function as an integrated hotel facility consistent with standards applicable to a well maintained and operated hotel.

  • Occupancy and Use Except for (i) the period of time permitted by this Lease for Tenant to perform Tenant's Work to prepare the Premises for Tenant's initial occupancy as set forth in Section 3.2.1 and (ii) a period of six (6) months at the end of the Term, and (iii) temporary vacancies of not more than forty percent (40%) of the Premises at any one time, continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses, and from time to time, to procure all licenses and permits necessary therefor at Tenant's sole expense, and to the extent set forth in Section 10.21 hereof, with Landlord's cooperation. Without limitation, Tenant shall comply in all material respects with all federal, state, and municipal laws, ordinances, and regulations governing, and all Development Approvals, Subsequent Approvals and Title Exceptions applicable to, Tenant's particular use or manner of use of the Premises. Tenant shall be solely responsible for procuring and complying at all times with any and all necessary permits directly relating or incident to: the conduct of its office activities on the Premises; its, transportation, storage, handling, use and disposal of any chemical or radioactive or bacteriological or pathological substances or organisms or other hazardous wastes or environmentally dangerous substances or materials or medical waste. Within thirty (30) days of a request by Landlord, which request shall be made not more than once during each period of twelve (12) consecutive months during the Term hereof, unless otherwise requested by any mortgagee of Landlord, Tenant shall furnish Landlord with copies of all such permits which Tenant possesses or has obtained together with a certificate certifying that such permits are all of the permits which Tenant possesses or has obtained with respect to the Premises. Tenant shall be entitled to redact any Confidential Information from the copies of such permits and accompanying certificates of Tenant. Tenant shall promptly give notice to Landlord of any warnings or violations relative to the matters described in this Section 5.1.2 received from any federal, state, or municipal agency or by any court of law and shall promptly cure the conditions causing any such violations. Tenant shall not be deemed to be in default of its obligations under the preceding sentence to promptly cure any condition causing any such violation in the event that, in lieu of such cure, Tenant shall contest the validity of such violation by appellate or other proceedings permitted under applicable law, provided that: (i) any such contest is made reasonably and in good faith, (ii) Tenant makes provisions, including, without limitation, posting bond(s) or giving other security, acceptable to Landlord to protect Landlord, the Building, the Lot and the Complex from any liability, costs, damages or expenses arising in connection with such violation and failure to cure, (iii) Tenant shall agree to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any and all liability, costs, damages, or expenses arising in connection with such condition and/or violation, (iv) Tenant shall promptly cure any violation in the event that its appeal of such violation is overruled or rejected, and (v) Tenant shall certify to Landlord's satisfaction that Tenant's decision to delay such cure shall not result in any actual or threatened bodily injury or property damage to Landlord, any tenant or occupant of the Building, the Lot or the Complex, or any other person or entity. Landlord agrees that any Confidential Information gained or obtained by Landlord pursuant to this Section 5.1.2 shall be kept confidential in accordance with Section 10.15 hereof.

  • Authorized Use Tenant shall use the Premises solely for general business office purposes, consistent with the uses of office buildings (the “Authorized Use”), and for no other purpose.

  • Operation and Use So long as the Aircraft, Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not operate, use or locate the Aircraft, Airframe or any Engine, or allow the Aircraft, Airframe or any Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 4.06, except in the case of a requisition by the U.S. Government where the Owner obtains indemnity in lieu of such insurance from the U.S. Government, or insurance from the U.S. Government, against substantially the same risks and for at least the amounts of the insurance required by Section 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 4.06 by war risk insurance, or in either case unless the Aircraft, the Airframe or any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as Owner diligently and in good faith proceeds to remove the Aircraft from such area. So long as the Aircraft, the Airframe or any Engine is subject to the Lien of this Trust Indenture, the Owner shall not permit such Aircraft, Airframe or any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law binding on or applicable to such Aircraft, Airframe or Engine or (y) in violation of any airworthiness certificate, license or registration of any Government Entity relating to the Aircraft, the Airframe or any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by Owner or Permitted Lessee in any reasonable manner which does not involve any material risk of the sale, forfeiture or loss of the Aircraft, Airframe or any Engine, any material risk of criminal liability or material civil penalty against Mortgagee or impair the Mortgagee's security interest in the Aircraft, Airframe or any Engine.

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