Other Capacity Clause Samples
Other Capacity. The parties agree to work together in good faith to enter into a separate agreement or a contract tariff by January 31, 1999 to cover @Home's additional [*] (or larger) needs. In addition, @Home, at its option, may order, and AT&T shall use commercially reasonable efforts to promptly provide, capacity on routes not available through the AT&T Network ("Off-net Capacity"). AT&T shall provide such Off-net Capacity at [*] such is actually obtained by AT&T from a non-affiliated third-party carrier, subject to such other terms and conditions as apply between AT&T and such other carrier.
Other Capacity. If any portion of the Space Segment Capacity fails to meet the Performance Parameters due to a Failure of Satmex 5, including without limitation, any such Failure resulting from a Force Majeure Event, the SATMEX shall use commercially reasonable efforts to find alternate satellite capacity suitable for CUSTOMER, including the provision of intersatellite protection, if available, at rates to be agreed upon by both parties. In such event, CUSTOMER may, in its sole discretion accept or reject such alternative satellite capacity within twenty-four (24) hours of SATMEX having offered such alternate satellite capacity to CUSTOMER, and SATMEX shall have no liability whatsoever. If Customer declines such alternate satellite capacity, it shall have the option to terminate this Agreement pursuant to Paragraph 18.2 hereof.
Other Capacity. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent, regardless of whether a Default or an Event of Default has occurred and is continuing.
Other Capacity. Home, at its option, may order, and AT&T shall use commercially reasonable efforts to promptly provide, capacity on routes not available through the AT&T Network ("Off-net Capacity"). AT&T shall provide such Off-net Capacity at 115% of the cost (net of discount) such is actually obtained by AT&T from a non-affiliated third-party carrier, subject to such other terms and conditions as apply between AT&T and such other carrier.
Other Capacity. If USBFS is acting in another capacity for the Trust pursuant to a separate agreement, nothing herein shall be deemed to relieve USBFS of any of its obligations in such other capacity.