Common use of TAIL CIRCUIT Clause in Contracts

TAIL CIRCUIT. 8.1. If stated within the End User Order, CMT shall procure a Tail Circuit required for delivery of a Service. In such case, unless otherwise notified by CMT, the End User acknowledges that: 8.1.1. the Tail Circuit shall be provided by a third party operator; 8.1.2. any rights, remedies, credits or service the End User may have, or be entitled to, regarding a Tail Circuit are limited to those rights, remedies, credits or service which CMT may be entitled to under its agreement with the third party operator of the Tail Circuit; 8.1.3. the estimated costs for the Tail Circuit are incorporated within the Charges and are subject to a survey of the End User’s Site (as applicable) by the relevant third party operator and may be subject to change, both upwards and downwards, any such change to be passed onto the End User in its entirety. Furthermore, the End User acknowledges and agrees that the cost of the Tail Circuit may increase during the term of this Agreement and any such increase shall be passed on to the End User in its entirety; 8.1.4. if a Service is terminated by the End User in accordance with the GTC’s or otherwise prior to the Service Commencement Date or prior to completion of any minimum Order initial term, the End User shall pay any and all cancellation charges that may be due to third parties in respect of the Tail Circuit; and 8.1.5. in the event of termination of this Agreement (or any contract for a Service made under this Agreement) by CMT due to the End User’s breach, the End User shall pay any and all cancellation charges that may be due to third parties in respect of any affected Tail Circuits. 8.2. Where the Order indicates that a Tail Circuit is to be provided by the End User or by an end customer (a "Non-CMT Tail Circuit"), the End User or the end customer, as the case may be, shall procure and be solely responsible for the Non-CMT Tail Circuit. CMT shall have no liability whatsoever in respect of the provision or functioning of any Non-CMT Tail Circuit (including any consequential effect upon the Service to which such Non-CMT Tail Circuit relates) and the End User shall indemnify and hold CMT harmless from any claims, costs, expenses, damages and losses arising from the provision or functioning of any Non-CMT Tail Circuit.

TAIL CIRCUIT. 8.1. If stated within the End User Order, CMT shall procure a Tail Circuit required for delivery of a Service. In such case, unless otherwise notified by CMT, the End User acknowledges that: 8.1.1. the Tail Circuit shall be provided by a third party operator; 8.1.2. any rights, remedies, credits or service the End User may have, or be entitled to, regarding a Tail Circuit are limited to those rights, remedies, credits or service which CMT may be entitled to under its agreement with the third party operator of the Tail Circuit; 8.1.3. the estimated costs for the Tail Circuit are incorporated within the Charges and are subject to a survey of the End User’s Site (as applicable) by the relevant third party operator and may be subject to change, both upwards and downwards, any such change to be passed onto the End User in its entirety. Furthermore, the End User acknowledges and agrees that the cost of the Tail Circuit may increase during the term of this Agreement and any such increase shall be passed on to the End User in its entirety; 8.1.4. if a Service is terminated by the End User in accordance with the GTC’s or otherwise prior to the Service Commencement Date or prior to completion of any minimum Order initial term, the End User shall pay any and all cancellation charges that may be due to third parties in respect of the Tail Circuit; and 8.1.5. in the event of termination of this Agreement (or any contract for a Service made under this Agreement) by CMT due to the End User’s breach, the End User shall pay any and all cancellation charges that may be due to third parties in respect of any affected Tail Circuits. 8.2. Where the Order indicates that a Tail Circuit is to be provided by the End User or by an end customer (a "Non-CMT Tail Circuit"), the End User or the end customer, as the case may be, shall procure and be solely responsible for the Non-CMT Tail Circuit. CMT shall have no liability whatsoever in respect of the provision or functioning of any Non-CMT Tail Circuit (including any consequential effect upon the Service to which such Non-CMT Tail Circuit relates) and the End User shall indemnify and hold CMT harmless from any claims, costs, expenses, damages and losses arising from the provision or functioning of any Non-CMT Tail Circuit.