IRU Clause Samples

IRU. 2.1 As of the IRU Effective Date with respect to each applicable Circuit, 360americas, directly or through certain of its Affiliates, shall grant and provide to Customer and Customer shall purchase and receive from 360americas or its Affiliates, an exclusive and indefeasible right to use the Capacity associated with such Circuit on the terms and conditions set forth in this Agreement (each, an "IRU"). Notwithstanding the foregoing sentence, this Agreement shall not in any way convey title, interest or salvage rights in the 360americas System, or other infrastructure, systems, equipment, facilities or other property of 360americas. 2.2 Except as provided in Section 2.1, 360americas shall have no right to sell, lease, transfer or use the Capacity or any portion thereof in which it has granted Customer an IRU. Notwithstanding the foregoing, Customer acknowledges that 360americas may derive additional communications capacity from the same fiber or equipment from which the Capacity is derived and sell such capacity to third parties.

IRU. 2.1 From time to time, by notice in writing from Services to Urbanlink, Services may order Capacity on the System in such units of capacity and between such Endpoints as Services may determine, acting reasonably. The notice shall specify the IRU Effective Date for such Capacity that is desired by Services, and Urbanlink shall use commercially reasonable efforts to provision the System to provide the Capacity by the requested date. For greater clarity and the avoidance of doubt, Services is not permitted to order Capacity that would, together with other Capacity provided by Urbanlink to Services, exceed the capacity that could reasonably be provided on the System at the time of the order or with telecommunications equipment that would be available prior to the requested IRU Effective Date. 2.2 For each order of Capacity under Section 2.1, as of the IRU Effective Date, Urbanlink shall deliver and provide to Customer and Customer shall receive from Urbanlink an exclusive and indefeasible right of use of the Capacity on the terms and conditions set forth in the Agreement (the "IRU"). 2.3 Urbanlink represents and warrants that it possesses those certain rights to the Capacity necessary for Urbanlink to deliver the Capacity to Customer. Urbanlink shall keep the Capacity free from all claims, liens, encumbrances, rights or claims of any third party attributable to Urbanlink which have a material adverse effect on the right of Customer to use the Capacity as contemplated by this Agreement.

IRU. In further consideration of T-Cubed's undertakings herein, NAIT shall grant T-Cubed an Indefeasible Right To Use a pair of dedicated Optical Fibers in a Cable installed in one of the NAIT Ducts in each Segment for T-Cubed and railroad-related voice, data, SCADA and internal administrative communications. Each IRU shall be for a term beginning with NAIT's initial activation of fiber on the Segment, and terminating on the termination date of the respective Right-of-Way Sublease Agreement, and shall provide for T-Cubed to have access to the dedicated Optical Fibers at various locations to be designated throughout the term of the IRU. Prior to the termination of this Agreement with respect to a Subsegment pursuant to Section 2.01, T-Cubed and NAIT shall enter into a Fiber Use Agreement, in the form set forth as Attachment III, for the Subsegment.

IRU. This IRU Agreement sets forth the terms and conditions under which Tacoma Power agrees to grant an indefeasible right of use to Operator and Operator agrees to use the Tacoma Power Commercial System comprised of the following (the “IRU”): (1) Tacoma Power Commercial Fiber, (2) Tacoma Power Commercial Coax, (3) Tacoma Power Commercial Equipment, and (4) After-Installed Assets.

IRU. 16.1.1 AT&T, the owner of Segment T1, as specified in Paragraph 4 of this Agreement hereby grants to the Parties hereto respectively, in accordance with the terms and conditions for the assignment and use of capacity specified in Paragraph 10, an Indefeasible Right of Use (hereinafter called "IRU") interest in Segment T1 including any additions thereto, for the purpose of using MAYA-1 and carrying on the related activities at that location in accordance with this Agreement as provided in this Paragraph 16. Such IRU interest shall commence on the RFPA Date, or the day a Party first places into operation, whichever occurs first, any of its assigned capacity in a particular cable station. Such IRU interest shall continue for the duration of this Agreement. 16.1.2 For the IRU interest in Segment T1, the Parties hereto shall pay that portion of the capital costs, operating, supervision and maintenance costs of such cable station, including additions hereto, allocable to MAYA-1 in the proportions specified in Schedules C and E. Where the use of the cable station or certain equipment situated therein, such as power supplies or testing and maintenance equipment, is shared by agreement of the Parties, by the MAYA-1 and other telecommunications systems terminating at the cable station, the capital, maintenance and operating costs of such cable station, including the relevant equipment (not solely attributable to a particular cable system or systems), will be allocated among the cable systems involved in the proportion in which each uses the shared

IRU