Common use of Use of IXC Equipment and Facilities Clause in Contracts

Use of IXC Equipment and Facilities. Except as otherwise agreed to by the Parties, in providing the Services to IXC under this Agreement, PSINet may, in its sole discretion, purchase infrastructure, equipment, facilities and services necessary for the transmission of data (collectively, "Infrastructure") from IXC provided (i) PSINet is not restricted from purchasing such Infrastructure from IXC under contractual obligations binding on PSINet at the time the purchase decision is being considered, (ii) such Infrastructure meets PSINet's reasonable functional, technical and performance requirements, and (iii) IXC offers such Infrastructure to PSINet at a price and on terms and conditions that, on average or taken as a whole, are competitive as compared to those offered to PSINet in good faith by other leading providers of infrastructure, equipment, facilities and services similar to the Infrastructure at the time IXC makes its offer.