Initial System. PathNet shall not Encumber the channels of telecommunications capacity allocated to the Incumbent as rent in accordance with SECTION 5.2 of this Agreement produced by such Equipment and, the radios, radio software, antenna, waveguide, multiplexers or any other Equipment required to operate the Initial System in accordance with the Specifications.
Initial System. The "Initial System" will consist of the initial facilities of Gatherer, described generally above and on Exhibit "B", as necessary to connect the Initial Receipt Points and Infill Receipt Points with the Initial Delivery Points, also described on Exhibit "B". The Parties have agreed upon the configuration, design and construction of Gatherer's Gas System and have deemed the Initial System as sufficient to serve all of Producer's Minimum Volume commitment stated in Exhibit "E", and that the Initial System is sufficient to serve all of Producer's anticipated volumes of Producer's Gas from the Wxxxx identified on Exhibit "B-2" (collectively, the "Initial System Wxxxx")at the Initial Receipt Point or Infill Receipt Point listed in the column "Gatherer Receipt Point Construction Responsibilities" next to each such Well. Subject to events of Force Majeure, severe winter weather, frost laws, road restrictions and other requirements or delays imposed by government agencies including without limitation delays in issuing ROWs on federal lands needed for the portion of Gatherer's Gas System serving the Infill Receipt Points, whether or not within the scope of Force Majeure that would make the diligent pursuit of similar construction or installation operations unreasonable for a reasonably prudent MxXxxxxx County North Dakota gatherer faced with similar conditions (whether one or more, "Excused Delays "), Gatherer shall diligently construct, install and complete (y) the portion of Gatherer's Gas System serving the Initial Receipt Points as described on Exhibit "B" and Exhibit "B-2" on or before May 1, 2015 (the "Start-Up Target Date "), and (z) all of the Initial System including the Initial and Infill Receipt Points, on or before August 31, 2015, as extended by the number of Days equal to any Excused Delay event (the "Initial System Target In-Service Date"). The Parties each agree that their respective obligations to meet the Start-Up Target Date are on a reasonable commercial efforts basis with no credits or penalties applicable to either Party for non-achievement. Producer acknowledges and agrees that any receipt, gathering and delivery of Gas by Producer prior to the Initial System In-Service Date shall incur the applicable Gas Gathering Fees and shall be provided on an interruptible basis at Gatherer's sole discretion as Gatherer may be completing the installation and construction of its Gas System and may also need to undertake calibration and other activities ...
Initial System. Pathnet shall not Encumber the radios (other than the protect radio), radio software, antenna, waveguide, multiplexers or any other Equipment required to operate the Initial System in accordance with Specifications hereunder.
Initial System. PathNet shall not Encumber the radios, radio software, antenna or waveguide used in the Initial System on Segments A and B or any equipment or assets owned by Incumbent pursuant to SCHEDULE K, or otherwise owned or leased by Incumbent, or any real estate or infrastructure owned by Incumbent.
Initial System. Pathnet shall not Encumber the Incumbent Collateral.
Initial System. The parties understand and agree that the Cable System in the City consists of a network with a channel capacity of one hundred and thirty-five (135) channels.
Initial System. The minimum required System to operate as a digital mobile network to provide mobile integrated services for a country in the Area utilizing the iDEN technology platform. The Initial System for each country of the Area will consist of at least the number of sites indicated below, as shown in phase I of each of the requests of quotation attached hereto as Exhibit "L" ------------------------------------------ ----------------------------- Country Number of Sites ------------------------------------------ ----------------------------- Costa Rica 20 ------------------------------------------ ----------------------------- El Salvador 13 ------------------------------------------ ----------------------------- Guatemala 22 ------------------------------------------ ----------------------------- Honduras 5 ------------------------------------------ ----------------------------- Nicaragua 10 ------------------------------------------ ----------------------------- For Panama the Initial System will be that described in the budgetary proposal attached hereto as current Exhibit "A1".
Initial System. Buyer may change the "quantity" of Equipment listed below provided no such change in quantity shall reduce the total amount of the Initial System Purchase Order. All Prices in this Article 1 are stated at SprintCom prices with the appropriate SprintCom discounts where applicable ("Additional Affiliate Price") and are inclusive of the **** percent (****%) Financing Premium as described Article 5. In the event Seller financing is established for any other purchases during the Term, the Price of such purchases shall be subject to a ****% Financing Premium in accordance with Article 5 of this Agreement.
Initial System. For the four (4) years following Commissioning of the Initial System, PathNet shall receive and retain all revenue from the sale of Excess Capacity created by the Initial System for the purpose of paying for the Initial System equipment and components. After the [***] following Commissioning, PathNet shall begin to receive [***] of the gross revenue and Texaco shall begin to receive, as additional rent, [***] of the gross revenue on the sale of Excess Capacity created from the Initial System.
Initial System. The parties understand and agree that the initial Video Programming System in the City that will be operated by the Operator after the Effective Date of this Agreement will consist of a network with a channel capacity of one hundred and thirty-five (135) channels.
