Common use of Required Rights Clause in Contracts

Required Rights. 23.1 SUNESYS covenants that it will, to the best of its knowledge, have obtained by the time the LICENSEE's Fiber Optic Facilities are made available to LICENSEE (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable SUNESYS to grant the License to LICENSEE ("Required Rights"). Subject to the foregoing obligations of SUNESYS, LICENSEE is accepting the License on an "AS IS, WHERE IS" basis and receiving its interests in LICENSEE's Fiber Optic Facilities only to the extent such interests are held by SUNESYS. SUNESYS will provide evidence of such Required Rights upon request. 23.2 If SUNESYS fails to obtain and/or cause to remain effective throughout the term of this Agreement all Required Rights for the route, either party may terminate this Agreement upon written notice. In event of termination, any periodic license and/or maintenance fee shall ▇▇▇▇▇ from the date of termination and any previously paid maintenance fee and/or license fee attributable for any period beyond such date shall be returned to LICENSEE. SUNESYS’ failure to obtain or cause to remain effective Required Rights does not constitute a breach of any warranty, representation or covenant of SUNESYS.

Required Rights. 23.1 SUNESYS 24.1 ▇▇▇▇ covenants that it will, to the best of its knowledge, have obtained by the time the LICENSEE's Fiber Optic Facilities or the Telecommunications Services are made available to LICENSEE (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable SUNESYS ▇▇▇▇ to grant the License to LICENSEE ("Required Rights"). Subject to the foregoing obligations of SUNESYS▇▇▇▇, LICENSEE is accepting the License on an "AS IS, WHERE IS" basis and receiving its interests in LICENSEE's Fiber Optic Facilities only to the extent such interests are held by SUNESYS▇▇▇▇. SUNESYS ▇▇▇▇ will provide evidence of such Required Rights upon request. 23.2 24.2 If SUNESYS ▇▇▇▇ fails to obtain and/or cause to remain effective throughout the term of this Agreement all Required Rights for the route, either party may terminate this Agreement upon written notice. In event of termination, any periodic license and/or maintenance fee shall ▇▇▇▇▇ from the date of termination and any previously paid maintenance fee and/or license fee attributable for any period beyond such date shall be returned to LICENSEE. SUNESYS’ ▇▇▇▇’▇ failure to obtain or cause to remain effective Required Rights does not constitute a breach of any warranty, representation or covenant of SUNESYS▇▇▇▇.

Required Rights. 23.1 SUNESYS 29.1 LICENSOR covenants that it will, to the best of its knowledge, have obtained by the time the LICENSEE's ’s Fiber Optic Facilities are made available to LICENSEE (and will use commercially reasonable efforts to cause to remain in effect during the term of this Agreement) easement, leases, licenses, fee interests, rights of-way, permits, authorizations and other rights necessary and requisite to enable SUNESYS LICENSOR to grant the License to LICENSEE ("“Required Rights"”). Subject to the foregoing obligations of SUNESYSLICENSOR, LICENSEE is accepting the License on an "“AS IS, WHERE IS" ” basis and receiving its interests in LICENSEE's ’s Fiber Optic Facilities only to the extent such interests are held by SUNESYSLICENSOR. SUNESYS LICENSOR will provide evidence of such Required Rights upon request. 23.2 29.2 If SUNESYS LICENSOR fails to obtain and/or cause to remain effective throughout the term of this Agreement all Required Rights for the route, either party may terminate this Agreement upon written notice. In event of termination, any periodic license and/or maintenance fee shall ▇▇▇▇▇ from the date of termination and any previously paid maintenance fee and/or license fee attributable for any period beyond such date shall be returned to LICENSEE. SUNESYS’ LICENSOR’S failure to obtain or cause to remain effective Required Rights does not constitute a breach of any warranty, representation or covenant of SUNESYSLICENSOR.