Examples of Intermax IRU Fibers in a sentence
In such event, both parties shall be entitled to seek to recover the economic value of their respective interests in the Intermax IRU Fibers (a) under any insurance policy carried by either party or any third party, or (b) in either joint or separate actions, from any third party which may be legally responsible for causing such casualty.
The cycle described above of testing, taking corrective action and retesting shall take place until the Intermax IRU Fibers meet the Acceptance Standards.
MAINTENANCE 7.1. During the Term thereof, City shall have sole right and obligation to perform all required Routine Maintenance and Non-Routine Maintenance on the System except where the facilities to be maintained are accessible by means of a Manhole or Handhole intended exclusively for Intermax’s use or are in a cable containing only Intermax IRU Fibers, in which cases Intermax may perform maintenance or request that City perform the maintenance in accordance with the provisions of this Section 7.
The consideration for the Intermax IRU in the Intermax IRU Fibers (the “ Contract Price”) shall be equal to a one-time payment of Three Thousand Three Hundred Fifty Dollars ($3,350) per fiber for each applicable Term.
Except as set forth in the following sentence, City shall endeavor to perform all maintenance between 0001-0600 Pacific time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of the Intermax IRU Fibers, unless otherwise mutually agreed upon in writing between City and Intermax.
City shall, after deducting reasonable attorneys’ fees and other actual, direct and reasonable costs actually incurred, provide Intermax with the economic benefit of such remedies to the extent the remedies relate to the Intermax IRU Fibers.
City represents and agrees that, for all purposes, including, without limitation, for purposes of Section 541(d) of the Bankruptcy Code, with the granting of the Intermax IRU Fibers hereby, City (i) irrevocably transfers an equitable interest in the Intermax IRU Fibers to Intermax for the IRU Term, and (ii) retains all of its right, title, and interest to the Intermax IRU Fibers and not any equitable interest.
To the extent City is permitted to do so pursuant to the terms of any applicable third party warranty relating to any portion of the Intermax IRU Fibers, City agrees to “pass through” to Intermax the benefit of City's rights with respect to such warranty and to reasonably cooperate in connection with City’s enforcement thereof.
Intermax shall not re-lease or sublease any portion of the Intermax IRU Fibers or the System to any third party.
As of the Acceptance Date, subject to the provisions of this Agreement, the IRU of the Intermax IRU Fibers shall be deemed to have been delivered to Intermax in accordance with the provisions of this Agreement and all applicable payments due City, including but not limited to the Contract Price, shall be due and payable.