Common use of Performance by Clause in Contracts

Performance by. GLOBIX Globix will use industry standard efforts to: (i) maintain Globix's facilities and equipment required to deliver Service, (ii) furnish Service in accordance with the applicable Service Level Agreement ("SLA"), provided Globix has operational facilities available at the time of Client's order, regardless of whether or not Client's equipment is operational, and (iii) provide additional Service, upon request and if appropriate resources are available at Globix's standard rates.