Dark Fibers definition

Dark Fibers. (as defined in Section 33.1(c)) to be specifically identified, in the QWEST System (A) in the Basic Segments and along the Basic Route more specifically described in the maps included in Exhibit A-3 hereto; and (B) if, pursuant to Section 1.3, QWEST elects, in its discretion, to construct either of Option Route 1 or Option Route 1A, and/or Option Route 2, or FRONTIER elects, in its discretion, to require QWEST to construct Option Route 1, in any case as identified in Exhibit A (and along the Option 1, Option 1A and Option 2 Routes more specifically described in the maps included in Exhibit A-3 hereto), in the Optional Segments included in any such Optional Routes so elected to be constructed, 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) and, to the extent provided in Article VII herein, associated Regeneration Facilities (as defined in Section 7.2), 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 Basic Segment or Optional 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 "FRONTIER Fibers." The Basic Segments, together with such of the Optional Segments, if any, that QWEST elects or is required to construct pursuant to Section 1.3 are referred to herein collectively as the "Segments." The Basic Route, together with such of the Optional Routes, if any, that QWEST elects or is required to construct pursuant to Section 1.3 are referred to herein collectively as the "System Route."

Dark Fibers refers to those Fibers determined by PROVIDER to be excess capacity in its Fiber Optic Cable Facilities, provided without electronics or optronics, and which are not “lit” or activated.

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

Examples of Dark Fibers in a sentence

• Except to the extent otherwise expressly provided in the IRU Agreement, Service Recipient will be solely responsible for providing and paying for any and all maintenance of all electronic, optronic and other equipment, materials and facilities used by Service Recipient in connection with the operation of the Dark Fibers, none of which is included in the maintenance services to be provided hereunder.

• In no event whatsoever shall User transfer, sell, assign, condo, swap, exchange, lease, sublease, license, sublicense or grant indefeasible or other rights of use in or to any one or more of the User Dark Fibers or User’s interest therein, or enter into any other arrangement with any Person for such Person’s use of any one or more of the User Dark Fibers.

• QWEST and WORLDCOM are parties to that certain IRU Agreement dated February 26, 1996, as amended by the First Amendment to IRU Agreement dated as of June 13, 1996 (the "IRU Agreement"), providing, among other things, for the grant by QWEST to WORLDCOM of an exclusive IRU in certain Dark Fibers in the QWEST System.

• Verification of continuity of Dark Fibers shall be the responsibility of the SP or SR depending on whoever has the capability to verify service.

• Except to the extent otherwise expressly provided in the Agreement, CUSTOMER will be solely responsible for providing and paying for any and all maintenance of all electronic, optical, and any other equipment, materials and facilities used by CUSTOMER in connection with the operation of the Dark Fibers, none of which is included in the maintenance services to be provided hereunder.

More Definitions of Dark Fibers

Dark Fibers means the single mode, nondispersion shifted optical fibers in the Cable along the entirety of each Developed System Segment leased to or reserved by the Utility Companies for the purposes and on the terms described in the Utility Agreements.

Dark Fibers. (as defined in Section 36.1(c)), to be specifically identified, in the QWEST System between each of the city pairs identified below under "Basic Segments," "QWEST Optional Segments," and "WORLDCOM Optional Segments" (each being referred to as a "Segment"), 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 operation of such Dark Fibers, including, but not limited to, the associated QWEST System rights-of- way, easements and conduit, subject to underlying real property and contractual limitations and restrictions, but in any event excluding any electronic or optronic equipment (collectively, the "QWEST Associated Property"), for the Term defined in Section 8.1, all on the terms and subject to the conditions set forth herein (collectively with the IRUs granted or to be granted under clauses (b) and (c) below, the "WORLDCOM IRU"). The Dark Fibers subject to the WORLDCOM IRU are referred to collectively as the "WORLDCOM Fibers."

Dark Fibers means fibers provided without electronic and/or optronic equipment and which are not “lit” or activated.

Dark Fibers in the Toll Authority’s fiber optic cable system, which traverse approximately 82 miles along Interstate 88 between Rock Falls, Illinois, and Naperville, Illinois; and

Dark Fibers. Fiber optic facilities provided by XXX without the necessary electronics and other equipment required for the transmission of communications services. Right of Way: Easement or right to use real property owned by railroads, individual property owners or other entities.

Dark Fibers shall have the meaning set forth in Section 3.1.

Dark Fibers means optical fiber provided without electronics or optronics, and which is not “lit” or activated. CONFIDENTIAL AND PROPRIETARY