XXXXX OF IRU IN QWEST SYSTEM. 1.1 (a) Effective as of the effective date described in Section 6.1 below, for each particular Segment delivered by QWEST to GTE hereunder and with respect to which an Acceptance Date (as defined in Section 4.2 below) has occurred, QWEST hereby grants to GTE, and GTE hereby purchases from QWEST, (i) an exclusive, Indefeasible Right of Use (as defined in Section 33.1(f), for the purposes described herein, in twenty-four (24) "
XXXXX OF IRU IN QWEST SYSTEM. 1.1 (a) Effective as of the effective date described in Section 6.1 below, for each particular Segment (as defined below in this Section 1.1) delivered by QWEST to FRONTIER hereunder and with respect to which an Acceptance Date (as defined in Section 4.2 below) has occurred, QWEST hereby grants to FRONTIER, and FRONTIER hereby purchases from QWEST, (i) an exclusive, Indefeasible Right of Use (as defined in Section 33.1(f)) (or, if and to the extent provided in Section 1.5 hereof, ownership) in, for the purposes described herein, twenty-four (24) (or, if and to the extent that FRONTIER timely exercises the options described in Section below, forty-eight (48)) "
XXXXX OF IRU IN QWEST SYSTEM. 1.1 (a) Effective as of the Acceptance Date (as defined in Section 4.3) for each particular Segment (as defined below in this Section 1. 1) delivered hereunder, and subject to the provisions of Sections 1.2 and 1.3 below, QWEST hereby grants to WORLDCOM (i) an exclusive, Indefeasible Right of Use (as defined in Section 36.1(f)), for the purposes described herein, in twenty-four (24) "
XXXXX OF IRU IN QWEST SYSTEM. 1.1 (a) Effective as of the effective date described in Section 6.1 below, for each particular Segment delivered by QWEST to GTE hereunder and with respect to which an Acceptance Date (as defined in Section 4.2 below) has occurred, QWEST hereby grants to GTE, and GTE hereby purchases from QWEST, (i) an exclusive, Indefeasible Right of Use (as defined in Section 33.1(f), for the purposes described herein, in twenty-four (24) "Dark Fibers" (as defined in Section 33.1(c)), to be specifically identified, in the QWEST System in the Segments and more specifically described in the maps included in Exhibit A-3 hereto and (ii) an associated and non-exclusive Indefeasible Right of Use, for the purposes described herein, in the tangible and intangible property needed for the use of such Dark Fibers as Dark Fibers, including, but not limited to, the associated conduit, QWEST's rights in all "Underlying Rights" (as defined in Section 10.1), but in any event excluding any electronic or optronic equipment (collectively, the "Associated Property"), for the Term (as defined in Section 6.1) respecting such Segment, and all on the terms and subject to the covenants and conditions set forth herein (collectively, the "IRUs"). The Dark Fibers subject to the IRUs are referred to collectively as the "GTE Fibers." (b) The parties acknowledge and agree that the specific route of any Segment that has not been finally designed or engineered, or with respect to which a right-of-way agreement has not been obtained as of the date hereof is subject to final determination by QWEST, based on specific engineering, right-of-way, permitting, authorization and other requirements; provided, however, that (i) any such Segment route, as finally determined, must include all of the endpoint and intermediate point cities identified in Exhibit A-4 and all of the junction points identified in the System Route maps included in Exhibit A; (ii) no deviation in the route of any Segment as set forth in the maps included in Exhibit A-3 shall result in a Material Deviation (as defined below) in the System Route as set forth in Exhibit A, and (iii) once the final route of any Segment has been so determined, QWEST shall deliver to GTE corresponding revisions to the relevant maps included in Exhibit A hereto. As used herein, the term "Material Deviation" shall mean a deviation in the general route of a Segment (A) that modifies the System Route architecture in a manner that breaks a ring, creates a spur or brea...
