Wavelengths Clause Samples

Wavelengths. 2.1.1 Purchaser hereby agrees to acquire the Wavelengths specified in Schedule 2 hereof on an IRU basis for the Purchase Price on the terms and conditions set forth in this Agreement. Grantor will provide the Wavelength Rings for the Wavelength Term, unless this Agreement is terminated earlier under Clause 8, in which case such provision of Wavelength Rings shall terminate automatically. The Wavelength Term may be extended under Clause 8.1. 2.1.2 The delivery and acceptance testing procedures of Wavelengths and Wavelength Ring are set forth in Schedule 6. 2.1.3 If the RFS Date for any Wavelength or Wavelength Ring does not occur within sixty (60) Working Days of the Committed Delivery Date, Purchaser may terminate its obligation to purchase such Wavelength and the Corresponding Wavelengths on such Wavelength Ring with immediate effect, except where such delay is due to Purchaser. In such case, Grantor shall refund any Initial Payments applicable to such Wavelength or the Corresponding Wavelength Ring, plus any interest accrued on such Initial Payments from the Initial Payments Date to the date Purchaser terminates its obligation to purchase such Wavelength or the Corresponding Wavelength Ring. Such interest shall be calculated at the rate per annum of three (3)-month Euribor rate, or the highest rate applicable by law, whichever is the lesser, in effect from time to time calculated on a daily basis from the date on which payment became due to the date such payment is received by the other. 2.1.4 Thereafter Grantor shall not reroute the Wavelengths without the permission of Purchaser, other than in an emergency or restoral situation. In such an emergency or restoral situation, Grantor shall notify Purchaser of such rerouting as soon as reasonably practicable. 2.1.5 The Capacity shall meet the performance objectives set forth in Schedule 6, Service Level Agreement. 2.1.6 Purchaser shall be entitled to cause Grantor to upgrade and expand the Capacity in accordance with Purchaser's network and business growth objectives, insofar as such upgrade is technically possible. Any additional request for capacities, whether expansion, new activation or upgrade ("Additional Capacity") shall be governed by the Agreement for the Purchase of Global Transmission Services by and between France Telecom and Newco dated June 29th, 2001 ("The Global Agreement"), if the Additional Capacity falls within the scope of the Global Agreement. The SLA included in the Agreement shall app...

Wavelengths. R5-air2vacuum: Transforms wavelengths from air to vacuum using the equations from ▇▇▇▇▇▇▇ et al. 2002 (Rep- resentation of spectral coordinates in FITS). R5-calambda: determine the wavelength as a function of the channel number, using the wavelength calibration polynomial. R5-findarc: Interactive arc line identification. R5-findmax: Automatic detection of line peaks in a spectrum. R5-findmax: Automatic detection of line peaks in a spectrum and estimation of the peaks through the fit to a gaussian R5-fitlin: Calculates the wavelength calibration polynomials. R5-predchan: determine the final position (channel and wavelength) of a pixel in the wavelength axis correspond- ing to a given channel position (known before the C-distortion correction and the wavelength calibration). R5-rebincw: Performs the wavelength calibration of an image by using the polynomial fits obtained with fitlin. R5-rvshift: Applies a radial velocity shift to an image. R5-rvshiftrot: Applies radial velocity shifts to the different scans of an image. This program can be used to correct 2D spectroscopic images from rotation curves. It is similar to rvshift, but using different radial velocities for each scan (these velocities are read from an ASCII file). R5-rvz: Computes the corresponding radial velocity for a given redshift. R5-shiftch: Applies a constant shift (channels) to an image. R5-shpol: Determines the new coefficients of a polynomial after changing the x-axis origin. R5-testwc: Test the wavelength calibration by measuring the positions of sky lines. R5-wcnoarc: Performs the wavelength calibration of an image by using the polynomial fits obtained with fitlin for other frames.

Wavelengths a) Seller shall use commercially reasonable efforts to cause the Acceptance Date for the *** to occur by May 15, 2001. The *** will be delivered on a non-diverse path in ***. Nothwithstanding the foregoing, should Seller deliver the “TUA” as defined in Section *** Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406.

Wavelengths. In addition, Grantor agrees to provide Purchaser with Wavelengths over the Network, which Wavelengths will be provided in two sets. 2.1 FIRST SET OF WAVELENGTHS The first set is made of 14 (fourteen) Wavelengths as described below: EXTREMITY A EXTREMITY B DELIVERY DATE ----------------------------------------- -------------------------------- New York 1 Chicago 1 (through Boston) Chicago 2 Washington (direct) New York 2 Washington (direct) Atlanta 1 Washington (direct) Atlanta 1 Dallas (through Miami) Atlanta 1 Dallas (direct) Atlanta 1 Chicago 2 (direct) Dallas Chicago 2 (direct) SOF Acceptance Date+90 days Chicago 1 Denver (direct) Dallas Los Angeles (direct) Dallas Denver (direct) Denver Los Angeles (direct) Los Angeles Seattle (direct) Seattle Denver (direct) ----------------------------------------- 2.2 SECOND SET OF WAVELENGTHS The second set of Wavelengths is determined using the following mechanism. Purchaser may use a credit pool of 12,769 Network Miles (defined as miles on the Network) over the Network. In order to provide flexibility to Purchaser for activation of the Wavelengths, Grantor shall provide access to a Network Miles credit of up to 13,000 Network Miles. The length of any Wavelength will be calculated according to the Network Distance Matrix provided below. The committed Delivery Date for such Wavelengths shall be SOF Acceptance + 90 days. Example: Purchaser orders a Wavelength between Atlanta and Chicago choosing the direct (shortest) route between Atlanta and Chicago. According to the Network Distance Matrix, Purchaser will use a credit of 1,092 Network Miles. This leaves in the pool a credit of 11,677 Network Miles for further Wavelength orders. Purchaser orders a second Wavelength with diverse routing between Atlanta and Chicago via Washington DC. According to the Network Distance Matrix, Purchaser will use a credit of: - 760 Network Miles from Atlanta to Washington DC; - 620 Network Miles from Washi▇▇▇▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇; - ▇▇▇ ▇▇▇▇▇▇▇ ▇iles from Detroit to Chicago. That is a total credit of 1,700 Network Miles. A credit of 9,977 Network Miles shall remain in the pool for further ordering. This matrix may be updated form time to time to include new sites. It is Grantor's intention to obtain the necessary regulatory authority to open PoPs in Canada and provide Services. It is Purchaser's intention to order Wavelengths in Canada. SCHEDULE 3: ACCESS AND CO-LOCATION SERVICES 1. DESCRIPTION There are four scenarios for Co-location and lo...