Increases in Capacity. At any time, and from time to time, Pathnet shall have the right, at its sole discretion, to increase the capacity of the System beyond the capacity created in the initial build-out; provided, that Pathnet fulfills the following conditions before Commissioning any such proposed Capacity Expansion:
Appears in 2 contracts
Samples: Escrow Agreement (Pathnet Inc), Escrow Agreement (Pathnet Inc)
Increases in Capacity. At any time, and from time to time, Pathnet shall have the right, at its sole discretion, to increase the capacity of the System beyond the capacity created in the initial build-out; provided, provided that Pathnet fulfills the following conditions before Commissioning any such proposed Capacity Expansion:
Appears in 1 contract
Samples: Escrow Agreement (Pathnet Inc)
Increases in Capacity. At any time, and from time to time, Pathnet PathNet shall have the right, at its sole discretion, to increase the capacity of the System beyond the capacity created in the initial build-outout consistent with the provisions of Section 3.3(q) of this Schedule A; provided, that Pathnet PathNet fulfills the following conditions before Commissioning any such proposed Capacity Expansion:
Appears in 1 contract
Samples: Security Agreement (Pathnet Inc)
Increases in Capacity. At any time, and from time to time, Pathnet shall have the right, at its sole discretion, to increase the capacity of the System beyond the capacity created in the initial build-outout up to a 1 x 7 system; provided, provided that Pathnet fulfills the following conditions before Commissioning any such proposed Capacity Expansion:
Appears in 1 contract
Samples: Pledge Agreement (Pathnet Inc)
Increases in Capacity. At any time, and from time to time, Pathnet PathNet shall have the right, at its sole discretionsubject to the terms in Section 7.1.2 of this agreement, to increase the capacity of the System beyond the capacity created in the initial build-out; provided, that Pathnet PathNet fulfills the following conditions before Commissioning any such proposed Capacity Expansion:
Appears in 1 contract
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc)