PROVISION OF TAIL CIRCUITS. 4.1. SAVVIS shall use its reasonable efforts to provide a Tail Circuit to Customer by contracting with the Local Exchange Carrier for access to the Tail Circuit and causing the Tail Circuit to be operated, managed, and maintained as necessary to provide access thereto to Customer. SAVVIS does not guarantee or warrant the performance of the Tail Circuit or the performance by the Local Exchange Carrier of its obligations under any contract between SAVVIS and the Local Exchange Carrier, applicable laws and regulations, or standards of the industry. 4.2. Customer shall not use the Tail Circuit in any way that might cause SAVVIS to violate the terms and conditions under which access to the Tail Circuit is provided by the Local Exchange Carrier, whether such terms and conditions be contractual, regulatory, or other. 4.3. Customer shall be responsible for only that portion of SAVVIS' costs attributable to Customer's own access to and use of the Tail Circuit. In the event that SAVVIS provides access to any third party or parties, Customer and SAVVIS will follow the procedure set forth in Section 1.2 above in order to establish a mutually agreed upon method or formula for determining the amount to be charged to Customer, generally based on a pro rata allocation of SAVVIS' total costs among all its customers and other relevant considerations and/or fair and reasonable adjustments in light of the circumstances at that time.
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Samples: Network Services Agreement (Savvis Communications Corp), Network Services Agreement (Savvis Communications Corp), Network Services Agreement (Savvis Communications Corp)
PROVISION OF TAIL CIRCUITS. 4.1. SAVVIS shall use its reasonable efforts to provide a Tail Circuit to Customer Bridge by contracting with the Local Exchange Carrier for access to the Tail Circuit and causing the Tail Circuit to be operated, managed, and maintained as necessary to provide access thereto to CustomerBridge. SAVVIS does not guarantee or warrant the performance of the Tail Circuit or the performance by the Local Exchange Carrier of its obligations under any contract between SAVVIS and the Local Exchange Carrier, applicable laws and regulations, or standards of the industry.
4.2. Customer Bridge shall not use the Tail Circuit in any way that might cause SAVVIS to violate the terms and conditions under which access to the Tail Circuit is provided by the Local Exchange Carrier, whether such terms and conditions be contractual, regulatory, or other.
4.3. Customer Bridge shall be responsible for only that portion of SAVVIS' costs attributable to CustomerBridge's own access to and use of the Tail Circuit. In the event that SAVVIS provides access to any third party or parties, Customer Bridge and SAVVIS will follow the procedure set forth in Section 1.2 above in order to establish a mutually agreed upon method or formula for determining the amount to be charged to CustomerBridge, generally based on a pro rata allocation of SAVVIS' total costs among all its customers and other relevant considerations and/or fair and reasonable adjustments in light of the circumstances at that time.
Appears in 1 contract
Samples: Network Services Agreement (Savvis Communications Corp)
PROVISION OF TAIL CIRCUITS. 4.1. 4.1 SAVVIS shall use its reasonable efforts to provide a Tail Circuit to Customer by contracting with the Local Exchange Carrier for access to the Tail Circuit and causing the Tail Circuit to be operated, managed, and maintained as necessary to provide access thereto to Customer. SAVVIS does not guarantee or warrant the performance of the Tail Circuit or the performance by the Local Exchange Carrier of its obligations under any contract between SAVVIS and the Local Exchange Carrier, applicable laws and regulations, or standards of the industry.
4.2. 4.2 Customer shall not use the Tail Circuit in any way that might cause SAVVIS to violate the terms and conditions under which access to the Tail Circuit is provided by the Local Exchange Carrier, whether such terms and conditions be contractual, regulatory, or other.
4.3. 4.3 Customer shall be responsible for only that portion of SAVVIS' costs attributable to Customer's own access to and use of the Tail Circuit. In the event that SAVVIS provides access to any third party or parties, Customer and SAVVIS will follow the procedure set forth in Section 1.2 above in order to establish a mutually agreed upon method or formula for determining the amount to be charged to Customer, generally based on a pro rata allocation of SAVVIS' total costs among all its customers and other relevant considerations and/or fair and reasonable adjustments in light of the circumstances at that time.
Appears in 1 contract
Samples: Network Services Agreement (Savvis Communications Corp)