Common use of Wavelengths Clause in Contracts

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 apply to any such Additional Capacity. The pricing conditions included in the Global Agreement shall apply unless the Parties agree otherwise at the time of the request. 2.1.7 Grantor shall provide a circuit identifier on the Service Order Form which number shall be confirmed at the SOF Acceptance Date.

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 Requested 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 apply to any such Additional Capacity. The pricing conditions included in the Global Agreement shall apply unless the Parties agree otherwise at the time of the request. 2.1.7 Grantor shall provide a circuit identifier on the Service Order Form which number shall be confirmed at the SOF Acceptance Date.