Common use of SERVICES; CIRCUIT TERM; CIRCUIT AVAILABILITY DATE Clause in Contracts

SERVICES; CIRCUIT TERM; CIRCUIT AVAILABILITY DATE. 1.1 Global Crossing shall, in accordance with the terms of this Agreement, provide Jato with ▇▇-▇, ▇▇-▇, OC-3 and OC-12 circuit capacity for point-to-point private line services and for dedicated Internet access services as the same may be ordered by Jato and the order accepted by Global Crossing hereunder from time to time. It is understood the parties may negotiate for future services that are not currently defined in this Agreement. All such circuit capacity is collectively referred to as the "SERVICES". 1.2 Unless one Party provides the other with at least 90 days prior written notice of its intent not to renew a circuit after the circuit's minimum commitment period expires, then, unless the Parties agree otherwise in writing, a circuit shall automatically renew on a month-to-month basis at Global Crossing's then-current rates and charges for that circuit type. 1.3 Upon receipt of a complete and accurate service order for a circuit, Global Crossing shall notify Jato of its target date for the delivery of each circuit (the "ESTIMATED AVAILABILITY DATE"). Any Estimated Availability Date given by Global Crossing to Jato shall be subject to Global Crossing's then-current standard and expedited interval guidelines. Global Crossing shall use reasonable efforts to install each circuit on or before the Estimated Availability Date, but the inability of Global Crossing to deliver a circuit by such date, or within the interval guidelines, shall not be deemed a breach of this Agreement by Global Crossing. If Global Crossing fails to make any circuit available within 90 days after Global Crossing's confirmed delivery date of the service ordered, Jato's sole remedy shall be to cancel the service order which pertains to such circuit upon ten days prior written notice to Global Crossing. Notwithstanding the foregoing, Jato shall also have a remedy wherein any circuit confirmed by Global Crossing and subsequently not supplied due to Global Crossing' s inability to deliver will count toward a reduction in the Quarterly Minimum Charge (defined at Section 3.7). The reduction in the Quarterly Minimum Charge shall be calculated by the specific monthly value of the specific circuits that Global Crossing is unable to provide under the above terms and conditions, multiplied by a maximum of six months. Such reduction shall be accounted for in month 72 of the term hereof. 1.4 At each end of the city pairs on which Jato orders circuits, as well as within the Global Crossing IP POP to which Jato orders circuits, Global Crossing shall provide appropriate equipment in its SONET/IP POP locations necessary to connect the circuits to Jato's Interconnection Facilities. If Jato desires to install its own equipment in one or more SONET/IP POP, and Global Crossing , in its sole discretion, agrees to such installation, the Parties shall execute a collocation agreement acceptable to both Parties. Jato agrees that its Interconnection Facilities shall connect to the circuits provided by Global Crossing hereunder at the network interface points located in the Global Crossing SONET/IP POPs. As used herein, the term "INTERCONNECTION FACILITIES" shall mean transmission capacity provided by Jato or its third party supplier to extend the circuits provided by Global Crossing from a SONET/IP POP to any other location (e.g., a local access telephone service provided by a local telephone company).