Common use of Fibers and Use Clause in Contracts

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.

Fibers and Use. NECOM The Grantee shall provide not less than 12 usable singlemode fiber optic filaments in the Cable cable for the unimpeded and unrestricted use by NUNV, provided however that the requirement of usability shall not apply to any fiber optic filaments fibers located upon a Route Segment or alternate path as to which the Term has expired. NU The Grantor shall use these 12 singlemode fiber optic filaments fibers exclusively for NUthe Grantor'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 the Grantor to assign any number of the 12 fiber optic filamentsfibers, or resell capacity on any of the 12 fiber optic filamentsfibers, provided however, that until September 27during the first seven years of this Agreement, 2001, NU the Grantor 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 filamentsfibers, or resell capacity on any of the 12 fiber optic filamentsfibers, 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 NECOMthe Grantee: [**] However, this restriction shall not [**] (i); and (ii) [**] Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. [**] and (ii) [**] offices 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 Grantee shall pay NU Grantor [**] (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 NECOMGrantee's Carriage of Capacity. NU The Grantor shall pay NECOM the Grantee [**] resulting from NUGrantor's Carriage of Capacity. Notwithstanding the foregoing, [**] other telecommunications networks, NU the Grantor shall [**] can be made. If the Grantor [**] for its own business purpose.

Fibers and Use. NECOM The Grantee 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 The Grantor shall use these 12 singlemode fiber optic filaments exclusively [**] for NU's own business purposes and the [**] 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, Grantor [**] provided however, that until September 27during the [**] years of this Agreement, 2001, NU the Grantor 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 NECOMthe Grantee: [**] However, this restriction shall not [**] (i); and (ii) [**] Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. [**] and (ii) [**] offices 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 Grantee shall pay NU Grantor [**] (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 NECOMGrantee's Carriage of Capacity. NU The Grantor shall pay NECOM the Grantee [**] resulting from NUGrantor's Carriage of Capacity. Notwithstanding the foregoing, [**] other telecommunications networks, NU the Grantor shall [**] can be made. If the Grantor [**] for its own business purpose.