Common use of Availability of Facilities Clause in Contracts

Availability of Facilities. (a) Service is offered and furnished subject to the availability of all necessary facilities, including those acquired by Syringa Networks from or through third parties. Syringa Networks may limit or allocate Service, if necessary, due to facilities availability, taking into account Syringa Networks’ then-current and projected capacity and the reasonable expectations of its existing and future customers. (b) Except as expressly provided otherwise in an Exhibit or Service Order, Syringa Networks, following the provision of reasonable notice to Customer, may: (1) alter the methods, processes or suppliers by or through which it provides Service; (2) discontinue furnishing a feature or supporting an application associated with Service; (3) change the facilities used to provide Service; or (4) substitute comparable Service for that being furnished to Customer. (c) Except as expressly provided otherwise in an Exhibit or Service Order, the facilities used to provide Service will be of Syringa Networks’ exclusive choosing. In no event will title to those facilities vest in Customer or any other individual or entity.

Availability of Facilities. (a) Service is offered and furnished subject to the availability of all necessary facilities, including those acquired by Syringa Networks from or through third parties. Syringa Networks may limit or allocate Service, if necessary, due to facilities availability, taking into account Syringa Networks’ then-current and projected capacity and the reasonable expectations of its existing and future customers. (b) Except as expressly provided otherwise in an Exhibit or Service Order, Syringa Networks, following the provision of reasonable notice to CustomerPurchaser, may: (1) alter the methods, processes or suppliers by or through which it provides Service; (2) discontinue furnishing a feature or supporting an application associated with Service; (3) change the facilities used to provide Service; or (4) substitute comparable Service for that being furnished to CustomerPurchaser. (c) Except as expressly provided otherwise in an Exhibit or Service Order, the facilities used to provide Service will be of Syringa Networks’ exclusive choosing. In no event will title to those facilities vest in Customer Purchaser or any other individual or entity.