Vyvx definition
Examples of Vyvx in a sentence
IXC shall test the Vyvx IRU Fibers in accordance with the procedures specified in Exhibit C-3 (Fiber Cable Splicing, Testing and Acceptance Standards)("Fiber Acceptance Testing") to verify that the Vyvx IRU Fibers are operating in accordance with the specifications in Exhibit C-3.
IXC shall be responsible for splicing of the cables in the IXC System so as to assure continuing conformity with their respective specifications, including, without limitation, conducting continual monitoring of the cable system containing the Vyvx IRU Fibers in the IXC System, location of faults, splicing and splice testing associated with any restoration, and procurement of replacement cable used in restoration.
As an example, and without limitation as to other reasonable objections to a proposed Additional Fiber Transaction, neither party shall be required to approve any Additional fiber Transaction that would (i) cause a lien or any other encumbrance on the Vyvx System or on the property of IXC or Vyvx, or their parents or affiliates or (ii) in any way impair the operations of Vyvx, its parent, its affiliates or the Vyvx System.
IXC shall remove all electronics and equipment from any Vyvx facilities at its sole cost under Vyvx's supervision.
In the event IXC has exhausted all its rights of appeal in protesting any imposition or assessment of any Finally Determined Taxes and Fees, IXC and Vyvx may jointly agree, at a cost to be shared equally, or either IXC or Vyvx may at its sole option and cost, agree to relocate a portion of the fiber optic system so as to bypass the jurisdiction which had imposed or assessed such Finally Determined Taxes and Fees.
In the event of any permitted partial assignment of any rights hereunder or in any fibers, IXC shall remain the sole point of contact with Vyvx.
In such event, IXC shall indemnify and hold Vyvx harmless from any expense, legal action or cost, including reasonable attorneys' fees, resulting from IXC's exercise of its rights hereunder.
IXC shall, at no charge to Vyvx, perform or cause its subcontractor(s) to perform routine inspections of the IXC System and routine right-of-way maintenance in accordance with its standard maintenance procedures, including, without limitation, any flights that may be made over the routes where the IXC System is located.
Vyvx will perform all maintenance on Vyvx equipment on the IXC System, however, in the event IXC agrees to perform repair or maintenance with respect to such Vyvx equipment, Vyvx shall pay for all repair and maintenance of such equipment performed by IXC at IXC's rates then in effect.
IXC shall use its commercially reasonable efforts to assist Vyvx in obtaining the Cable necessary to construct the Vyvx System at an attractive price.