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. Service where one or more of the locations at which Service is provided is not served directly by Syringa Networks’ Network, may require that a portion of Service be furnished by a third-party service provider. When Syringa Networks provides a portion of Service furnished by a third-party, the terms, conditions and pricing is done on an individual case basis (“ICB”) and will be subject to the requirements of the underlying service provider for that part of the Service it provides. 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.