Common use of Access and Modifications Clause in Contracts

Access and Modifications. Where necessary to accommodate a request for access of CLEC, and provided SBC-AMERITECH has not denied access as described in Section 16.1.2, or because SBC-AMERITECH may not lawfully make the Structure available, SBC-AMERITECH will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC. SBC-AMERITECH may permit CLEC to conduct Field Survey Work and Make Ready Work itself or through its own contractors in circumstances where SBC-AMERITECH is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, and provided SBC-AMERITECH has not denied access as described in Section 16.1.2, or because SBC-AMERITECH may not lawfully make the Structure available, SBC-SBC- AMERITECH will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC. SBC-AMERITECH may permit CLEC to conduct Field Survey Work and Make Ready Work itself or through its own contractors in circumstances where SBC-SBC- AMERITECH is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”.