Common use of Fibers and Use Clause in Contracts

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.

Fibers and Use. NEON Optica The Grantee shall provide not less than 12 usable singlemode fiber optic filaments fibers in the Cable for the unimpeded and unrestricted use by NUGrantor, 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 The Grantor shall use these 12 singlemode fiber optic filaments fibers exclusively for NUthe Grantor'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 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 such right to assign or resell said capacity is subject to NEON OpticaGrantee's indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4.1B 4. IA through 4.1C 4.1 C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting NUthe Grantor's other telecommunications networks, NU the Grantor shall have the right to use the 12 singlemode fibers not previously provided to NEON Optica Grantee under the IRU ROFR or IRU Option or otherwise acquired by NEON Optica Grantee for any purpose until alternative arrangements can be made. If NU the Grantor 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 Opticathe Grantee, NUthe Grantor's right rights to use the fibers involved in such violation shall cease and NEON Optica the Grantee shall then have the right to use such fibers for its own business purpose.

Fibers and Use. NEON Optica The Grantee shall provide not less than 12 usable singlemode fiber optic filaments fibers in the Cable for the unimpeded and unrestricted use by NUGrantor, 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 The Grantor shall use these 12 singlemode fiber optic filaments fibers exclusively for NU's the Grantor’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 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 such right to assign or resell said capacity is subject to NEON Optica's Grantee’s indefeasible right to use certain NUNet fibers, its IRU Option and its IRU ROFR, as defined in Sections 4.1B 4. IA through 4.1C 4.1 C and the Non-Compete Section 26.3 hereof. Notwithstanding the foregoing, in times of emergencies affecting NU's the Grantor’s other telecommunications networks, NU the Grantor shall have the right to use the 12 singlemode fibers not previously provided to NEON Optica Grantee under the IRU ROFR or IRU Option or otherwise acquired by NEON Optica Grantee for any purpose until alternative arrangements can be made. If NU the Grantor 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 Opticathe Grantee, NU's right the Grantor’s rights to use the fibers involved in such violation shall cease and NEON Optica the Grantee shall then have the right to use such fibers for its own business purpose.

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 ’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 ’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 ’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 ’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.