I have reviewed the MFN agreement and believe that should MFN fail to live up to its end of the Agreement our sole remedy is termination. (see sections extracted below).
 
I understand from Pete Castrejana that should MFN fail to provide service we have no functionally equivalent fall-back position, at least in the short term.  Given this, I believe we have placed ourselves in an unenviable risk position going forward.
 
It is my suggestion that irrespective of the resolution to this lien issue or MFN financing issues, we reopen negotiations to obtain the right to intervene and negotiate on our own behalf with any party contracted with by MFN.  We should attempt to include language which contractually binds MFN to make such contracted services and "Authorizations" assignable to us should MFN fail to perform.  
 
Termination as our sole remedy is, in this case, not sound risk mitigation.
 
 
 
Section 7.1 states [emphisis added]:

"Prior to delivery MFN will obtain all material and applicable authorizations, leases, licenses, easements, rights of way, franchises, approvals, permits, orders, consents, and all other rights required for MFN to operate and maintain the MFN Network and provide Leased Fiber to Customer (collectively the "Authorizations"), and will use commercially reasonable efforts to maintain or renew all such Authorizations throughout the Lease Term.  If any Authorizations are modified or terminated, threatening to cause or causing material financial harm to MFN, or preventing or materially interfering with MFN's control, possession and/or use of the MFN Network or its ability to provide the Leased Fiber, then MFN, in its sole discretion will: (i) provide Customer with a comparable product on alternate portions of MFN's then existing MFN Network or on networks of third parties, or (ii) terminate this Agreement with respect to the affected Leased Fiber without further obligation or liability to Customer.  The forgoing is MFN's sole and exclusive liability and Customer's sole and exclusive remedy with respect to termination as a result of the loss of an Authorization."
 

Section 10 "LIMITATION OF LIABILITY; INDEMNIFICATION specifically excludes our seeking any consequential, punitive, indirect damages, or lost revenue even in the event of a breach of contract.