Common use of IRU Capacity Clause in Contracts

IRU Capacity. At the Closing, IXC shall grant to PSINet a noncancellable IRU in the IRU Capacity. As used herein, the "IRU Capacity" shall mean the use of capacity as permitted by this Agreement on that portion of the IXC fiber optic telecommunications system as described in Exhibit A hereto (such portion of such system, together with additional portions made Available by IXC to PSINet after the date hereof, is referred to as the "Available System"). The total amount of the IRU Capacity will be 10,000 OC-48 Equivalent Miles. Notwithstanding anything in this Agreement to the contrary, IXC will have no obligation under this Agreement or otherwise to extend the Available System except as set forth in Exhibit A, into new geographic areas or to complete a total 10,000 Route Miles on the Available System. IXC agrees that it has no right to use the IRU Capacity during the Term.