Common use of Use of Customer Equipment Clause in Contracts

Use of Customer Equipment. 4.1 Title to all equipment and facilities that GDS uses to provide the Services will remain with GDS. 4.2 If CUSTOMER connects its own equipment to GDS’s network, CUSTOMER must ensure that such equipment is compatible with and does not harm, impair or interfere with the technical integrity of the Services, GDS’s network or its Suppliers network(s), or any other Services of other customers of GDS. 4.3 CUSTOMER is responsible for the compatibility of its equipment with the network and failure to do so will constitute breach by CUSTOMER of this Contract. 4.4 CUSTOMER shall provide and pay for all Product and Services required to connect CUSTOMER-provided equipment to the Services. 4.5 Notwithstanding the foregoing, CUSTOMER may, subject to GDS’s consent, appoint GDS as its agent for purposes of procuring related telecommunications services, in particular, local exchange, backhaul, interexchange, or bypass carrier facilities ("Facilities") to terminate CUSTOMER's calls to CUSTOMER's designated location. CUSTOMER will be responsible for payment for all such Facilities. CUSTOMER shall be liable and responsible for all actions and obligations incurred on its behalf by GDS in its capacity as CUSTOMER's agent pursuant to this Article, and shall accept and pay GDS for all flow-through costs associated with such Facilities (or the termination of such services), including without limitation, all installation fees and monthly recurring fees, plus any applicable taxes. CUSTOMER acknowledges and agrees that GDS will have no liability or responsibility for any Facilities. Any service level parameters and related warranties, pricing, surcharges, outage credits, required commitments, termination liability and other terms relating to the Facilities are those of the third-party provider or carrier of such Facilities, and not GDS.

Use of Customer Equipment. 4.1 Title to all equipment and facilities that GDS uses to provide the Services will remain with GDS. 4.2 If CUSTOMER connects its own equipment to GDS’s network, CUSTOMER must ensure that such equipment is compatible with and does not harm, impair or interfere with the technical integrity of the Services, GDS’s network or its Suppliers network(s), or any other Services of other customers of GDS. 4.3 CUSTOMER is responsible for the compatibility of its equipment with the network and failure to do so will constitute breach by CUSTOMER of this Contract. 4.4 CUSTOMER shall provide and pay for all Product and Services required to connect CUSTOMER-provided equipment to the Services. 4.5 Notwithstanding the foregoing, CUSTOMER may, subject to GDS’s consent, appoint GDS as its agent for purposes of procuring related telecommunications services, in particular, local exchange, backhaul, interexchange, or bypass carrier facilities ("Facilities") to terminate CUSTOMER's calls to CUSTOMER's designated location. CUSTOMER will be responsible for payment for all such Facilities. CUSTOMER shall be liable and responsible for all actions and obligations incurred on its behalf by GDS in its capacity as CUSTOMER's agent pursuant to this Article, and shall accept and pay GDS for all flow-through costs associated with such Facilities (or the termination of such services), including without limitation, all installation fees and monthly recurring fees, plus any applicable taxes. CUSTOMER acknowledges and agrees that GDS will have no liability or responsibility for any Facilities. Any service level parameters and related warranties, pricing, surcharges, outage credits, required commitments, termination liability and other terms relating to the Facilities are those of the third-third party provider or carrier of such Facilities, and not GDS.