Use of IXC Equipment and Facilities Sample Clauses

Use of IXC Equipment and Facilities. Except as otherwise agreed to by the Parties, in providing the Services to IXC under this Agreement, PSINet may, in its sole discretion, purchase infrastructure, equipment, facilities and services necessary for the transmission of data (collectively, "Infrastructure") from IXC provided (i) PSINet is not restricted from purchasing such Infrastructure from IXC under contractual obligations binding on PSINet at the time the purchase decision is being considered, (ii) such Infrastructure meets PSINet's reasonable functional, technical and performance requirements, and (iii) IXC offers such Infrastructure to PSINet at a price and on terms and conditions that, on average or taken as a whole, are competitive as compared to those offered to PSINet in good faith by other leading providers of infrastructure, equipment, facilities and services similar to the Infrastructure at the time IXC makes its offer.
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Use of IXC Equipment and Facilities. Except as otherwise agreed to by the Parties, in providing the Services to IXC under this Agreement, ATC grants IXC right of first refusal for infrastructure, -11- 12 equipment, facilities and services necessary for the transmission of data (collectively, "Infrastructure") provided (i) ATC is not restricted from purchasing such Infrastructure from IXC under contractual obligations binding on ATC at the time the purchase decision is being considered, (ii) such Infrastructure meets ATC's functional, technical and performance requirements, and (iii) IXC offers such Infrastructure to ATC at a price and on terms and conditions that, on average or taken as a whole, are competitive as compared to those offered to ATC in good faith by other leading providers of infrastructure, equipment, facilities, and services similar to those at the time IXC makes its offer.
Sample 1

Related to Use of IXC Equipment and Facilities

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  • Office Space and Facilities The Adviser will arrange to furnish the Trust office space in the offices of the Adviser, or in such other place or places as may be agreed upon from time to time, and all necessary office facilities, simple business equipment, supplies, utilities and telephone service required for managing the investments of the Trust.

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  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to:

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