Common use of For DS Clause in Contracts

For DS. 3 and lesser capacity circuits, Frontier shall use reasonable efforts to order Interconnection Facilities on behalf of Pathnet from Pathnet's designated Frontier, provided that Pathnet furnishes Frontier with an acceptable letter of agency. Pathnet shall be billed directly by Frontier of such Interconnection Facilities, and shall defend and indemnify Frontier from any loss or liability incurred by Frontier as a result of Frontier's ordering Interconnection Facilities from any third party on Pathnet's behalf. Pathnet may, at its election, but subject to Frontier's prior written approval, order its own Interconnection Facilities. If any party other than Frontier provides Interconnection Facilities, then unavailability, incompatibility, delay in installation, or other impairment of Interconnection Facilities shall not excuse Pathnet's obligation to pay Frontier all rates or charges applicable to the circuits, whether or not such circuits are useable by Pathnet. Frontier will not order Interconnection Facilities on behalf of Pathnet for OC-N circuits.