Common use of Use of Network Clause in Contracts

Use of Network. Each Participant shall be entitled to Network Rights, in accordance with the Plans and Specifications reflecting the facilities and transmission capability interconnecting each Participant's facilities. Each Participant's Network Rights shall be in direct proportion to its Equity Contribution. Participants may agree to joint use of Network Rights if such use is determined by the Participants to be in the public interest. Participants may allow the use of their Network Rights by others, under rules established by the Agency, provided such use is for a governmental purpose and such use does not cause the Network or the Participants to be considered a carrier, common carrier or public utility under state or federal law or regulations. For the purposes of this Agreement, the term governmental use shall include both governmental and proprietary uses by a municipality or other governmental entity. The initial ownership of Strands, subject to amendment by agreement of all of the Participants, shall be as set out on Exhibit B. Exhibit B also includes the formula for determining Network Rights.