Common use of Abandoned Equipment Clause in Contracts

Abandoned Equipment. If CenturyLink finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLink, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLink's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Appears in 60 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Appears in 56 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Abandoned Equipment. If CenturyLink finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLink, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLink's exercise of any or all of its rights under this Sectionsection. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mailmail pursuant to Section 5.21. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

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Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement. 8.2.1.23 Qwest shall design and engineer the most efficient route and cable racking for the connection between CLEC's equipment in its collocated spaces to the collocated equipment of another CLEC located in the same Qwest Premises; or to CLEC's own non-contiguous Collocation space. The most efficient route generally will be over existing cable racking, to the extent Technically Feasible, but to determine the most efficient route and cable racking, Qwest shall consider all information provided by CLEC in the Collocation Application form, including but not limited to, distance limitations of the facilities CLEC intends to use for the connection. CLEC shall have access to the designated route and construct such connection, using copper, coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor of CLEC's own choosing. CLEC may place its own fiber, coax, copper cable, or any other Technically Feasible connecting facilities outside of the actual physical Collocation space, subject only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest. CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC, to any End User Customer's premises, and may interconnect CLEC's own collocated space and/or equipment (e.g., CLEC's Physical Collocation and CLEC's Virtual Collocation on the same Premises). CLEC-to-CLEC Connections shall be ordered either as part of a Collocation Application under Section 8.4, or separately from a Collocation Application in accordance with Section 8.4.7. CLEC-to-CLEC Cross Connections at an ICDF are available, as follows: 8.2.1.23.1 CLEC-to-CLEC Cross Connections at the ICDF. 8.2.1.23.1.1 CLEC-to-CLEC Cross Connection (COCC-X) is defined as CLEC's capability to order a Cross Connection from its Collocation in a Qwest Premises to its non-adjacent Collocation space or to another CLEC's Collocation within the same Qwest Premises at the ICDF. 8.2.1 23.1.2 Qwest will provide the capability to combine these separate Collocations through an Interconnection Distribution Frame (ICDF). This is accomplished by the use of CLEC's Connecting Facility Assignment (CFA) terminations residing at an ICDF. Also, ICDF Cross Connections must terminate on the same ICDF at the same service rate level.

Appears in 1 contract

Samples: Interconnection Agreement

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, writing of the existence of such equipment or property and CLEC shall have sixty thirty (6030) calendar Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty thirty (6030) calendar Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty thirty (6030) calendar Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) calendar Days of the delivery of such Resolution Request, then thirty (30) calendar Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this the Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this the Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this AgreementAmendment, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this AgreementAmendment.

Appears in 1 contract

Samples: Interconnection Agreement

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