Common use of For DS Clause in Contracts

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