Examples of Ting 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 Ting 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 Ting IRU Fibers meet the Acceptance Standards.
In the case of such dispute, Ting and City agree to resolve the dispute under the provisions of Subsection 5.6. After taking corrective actions and retesting the Ting IRU Fibers, City shall provide Ting with a copy of the new test results and Ting shall again have all rights provided in this Article with respect to such new test results.
As of the Acceptance Date, subject to the provisions of this Agreement, the IRU of the Ting IRU Fibers shall be deemed to have been delivered to Ting 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.
In addition to any other representations and warranties contained in this Agreement, City hereto represents and warrants to Ting that (a) the Ting IRU Fibers shall meet or exceed the Dark Fiber Specifications and (b) it shall maintain all necessary Required Rights.
City shall promptly notify Ting of any matters pertaining to any damage or impending damage to or loss of the Ting IRU Fibers that are known to it and that could reasonably be expected to adversely affect the Ting IRU Fibers.
In addition to the foregoing indemnities, with respect to third parties that use services provided over the Ting IRU Fibers, Ting shall indemnify, defend, protect and hold harmless City and its Claimants against any claims by such third parties for damages arising out of or resulting from any defect in or failure of the Ting IRU Fibers or the System to the extent not caused by City.
If the testing company, after testing the Ting IRU Fibers, determines that the Ting IRU Fibers do not meet the Acceptance Standards, then City shall pay the testing company’s charges for performing the testing and shall perform the corrective action and re-testing set forth in Subsection 5.5(a).
City shall notify Ting at least one (1) week in advance as to the date when testing of the Ting IRU Fibers is to occur, so that Ting may have an observer present.
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 Ting IRU Fibers, unless otherwise mutually agreed upon in writing between City and Ting.