Common use of Adjacent Collocation Clause in Contracts

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe elect such an option, WebShoppe must arrange with a BellSouth Certified Contractor to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe and WebShoppe’s BellSouth Certified Contractor must comply with local building code requirements. WebShoppe’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppe’s BellSouth Certified Contractor shall xxxx WebShoppe directly for all work performed for WebShoppe pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppe’s locked enclosure prior to notifying WebShoppe. 3.4.2 BellSouth maintains the right to review WebShoppe’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppe, at WebShoppe’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppe’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppe’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 3 contracts

Samples: Clec Agreement, Clec Agreement, Clec Agreement

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Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will provide approval for permit an adjacent Remote Site collocation arrangements arrangement (Adjacent Arrangement) on the property on which BellSouth’s Remote Site Adjacent Arrangement”) where is located when space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe ACCESS Integrated and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe ACCESS Integrated shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) Arrangement pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request application for the Remote Site Adjacent Arrangement. 3.4.1 3.4.2 Should WebShoppe ACCESS Integrated elect such an optionAdjacent Collocation, WebShoppe ACCESS Integrated must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site or procure an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationown specifications, WebShoppe ACCESS Integrated and WebShoppeACCESS Integrated’s BellSouth Certified Contractor Supplier must comply with local building code requirements. WebShoppeACCESS Integrated’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving obtaining any and all necessary zoning, permits and/or licenses for such construction. WebShoppeACCESS Integrated’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe ACCESS Integrated directly for all work performed for WebShoppe ACCESS Integrated pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the ACCESS Integrated’s BellSouth Certified ContractorSupplier. WebShoppe ACCESS Integrated must provide the local BellSouth Remote Site Location contact with two (2) cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeACCESS Integrated’s locked enclosure prior to notifying WebShoppeACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the locked enclosure is required. 3.4.2 3.4.3 ACCESS Integrated must submit its plans and specifications to BellSouth maintains the right to with its firm order. BellSouth shall review WebShoppeACCESS Integrated’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)Arrangement to ensure compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of plans and specifications. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following Arrangement during and after construction and prior to confirm it is constructed according to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines submitted plans and specifications. If BellSouth may require WebShoppe, at WebShoppe’s sole cost, decides to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of inspect the Remote Site completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, any structure that does not meet its submitted plans and specifications or, BellSouth’s inspectionspecifications, unless the Parties mutually agree to an alternative time frameas applicable. 3.4.3 WebShoppe 3.4.4 ACCESS Integrated shall provide a concrete pad, the structure housing the arrangementAdjacent Arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeACCESS Integrated’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeIn Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law, BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the NEC, any and all safety and local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and intervals. ACCESS Integrated will pay for any and all (one hundred percent (100%)) DC power construction and provisioning costs to an Adjacent Arrangement through ICB pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins, and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Contractor Supplier shall be responsible, at WebShoppeACCESS Integrated’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 . BellSouth shall allow Shared (Subleased) Collocation caged Host/Guest collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe ALEC Inc., and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe ALEC Inc., shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe ALEC Inc., elect such an option, WebShoppe ALEC Inc., must arrange with a BellSouth Certified Contractor to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe ALEC Inc., and WebShoppeALEC Inc.,’s BellSouth Certified Contractor must comply with local building code requirements. WebShoppeALEC Inc.,’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeALEC Inc.,’s BellSouth Certified Contractor shall xxxx WebShoppe bill ALEC Inc., directly for all work performed for WebShoppe ALEC Inc., pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe ALEC Inc., must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeALEC Inc.,’s locked enclosure prior to notifying WebShoppeALEC Inc.,. 3.4.2 BellSouth maintains the right to review WebShoppeALEC Inc.,’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppeALEC Inc.,, at WebShoppeALEC Inc.,’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe ALEC Inc., shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeALEC Inc.,’s BellSouth Certified Contractor shall be responsible, at WebShoppeCLEC’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 2 contracts

Samples: Interconnection Agreement, Bellsouth® / Clec Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe ALEC Inc., and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe ALEC Inc., shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe ALEC Inc., elect such an option, WebShoppe ALEC Inc., must arrange with a BellSouth Certified Contractor to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe ALEC Inc., and WebShoppeALEC Inc.,’s BellSouth Certified Contractor must comply with local building code requirements. WebShoppeALEC Inc.,’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeALEC Inc.,’s BellSouth Certified Contractor shall xxxx WebShoppe XXXX Inc., directly for all work performed for WebShoppe ALEC Inc., pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe ALEC Inc., must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeALEC Inc.,’s locked enclosure prior to notifying WebShoppeALEC Inc.,. 3.4.2 BellSouth maintains the right to review WebShoppeALEC Inc.,’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppeALEC Inc.,, at WebShoppeALEC Inc.,’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe ALEC Inc., shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeALEC Inc.,’s BellSouth Certified Contractor shall be responsible, at WebShoppeCLEC’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 2 contracts

Samples: Bellsouth® / Clec Agreement, Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit an adjacent Remote Site collocation arrangements arrangement (“Remote Site Adjacent Arrangement) where on Premises’ property only when space within the Remote Site Location Premises is legitimately exhausted, exhausted and where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location Premises’ property. The Remote Site An Adjacent Arrangement shall be constructed or procured by WebShoppe TelCove and must be in conformance with reasonable and nondiscriminatory provisions of BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe TelCove shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates Additional rates, where applicable, shall be negotiated at the time of the request application for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe elect such an option3.5.1 If TelCove requests Adjacent Collocation, WebShoppe pursuant to the conditions stated in Section 3.5 above, TelCove must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe TelCove and WebShoppeTelCove’s BellSouth Certified Contractor Supplier must comply with the more stringent local building code requirements. WebShoppeTelCove’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeTelCove’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe TelCove directly for all work performed for WebShoppe TelCove pursuant to this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by the TelCove’s BellSouth Certified ContractorSupplier. 3.5.2 TelCove must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places its Firm Order. WebShoppe must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppe’s locked enclosure prior to notifying WebShoppe. 3.4.2 BellSouth maintains the right to review WebShoppeTelCove’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)) to ensure TelCove’s compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of the plans and specifications from TelCove for the Adjacent Arrangement. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following Arrangement during and after construction and prior to the Commencement Date, as defined in Section 4 following, is completed to ensure the design and construction comply with BellSouththat it is constructed according to TelCove’s guidelines submitted plans and specifications. If BellSouth decides to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of written notification of completion of the enclosure from TelCove. BellSouth may require WebShoppe, at WebShoppe’s sole cost, TelCove to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at TelCove’s expense, any structure that materially deviates from its submitted plans and specifications or BellSouth’s inspectionSpecifications, unless the Parties mutually agree to an alternative time frameif applicable. 3.4.3 WebShoppe 3.5.3 TelCove shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeTelCove’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical collocation arrangement. WebShoppeIn Alabama and Louisiana, BellSouth will provide DC power, to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC subject to individual case basis pricing that complies with the pricing standards of Sections 251 and 252 of the Act. TelCove’s BellSouth Certified Contractor Supplier shall be responsible, at WebShoppeTelCove’s sole expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) Collocation within a Remote Site shared use of the Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 above. 3.5.4 In the event that interior space in a BellSouth Premises becomes available, and subject to the provisions of Section 6.6 below, TelCove may, at its option, relocate its equipment from an adjacent facility into the interior space subject to the rates, terms and conditions of this Attachment 4.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Remote Site Location Premises is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location propertyPremises property and where permitted by zoning and other applicable state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe NOS Communications, Inc. and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe NOS Communications, Inc. shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 3.5.1 Should WebShoppe NOS Communications, Inc. elect such an option, WebShoppe NOS Communications, Inc. must arrange with a BellSouth Certified Contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe NOS Communications, Inc. and WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor shall xxxx WebShoppe NOS Communications, Inc. directly for all work performed for WebShoppe NOS Communications, Inc. pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe NOS Communications, Inc. must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeNOS Communications, Inc.’s locked enclosure prior to notifying WebShoppe.NOS Communications, Inc.. 3.4.2 3.5.2 NOS Communications, Inc. must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review WebShoppeNOS Communications, Inc.’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth may reviews NOS Communications, Inc.’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Remote Site Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review NOS Communications, Inc.’s plans and specifications prior to construction, NOS Communications, Inc. will be entitled to request BellSouth to review; and in the Commencement Dateevent NOS Communications, as defined in Section 4 followingInc. does not request a BellSouth review, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require WebShoppeNOS Communications, at WebShoppe’s sole cost, Inc. to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at NOS Communications, Inc.’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspectionguidelines and specifications 3.5.3 NOS Communications, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe Inc. shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeNOS Communications, Inc.’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.

Appears in 1 contract

Samples: Clec Agreement

Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will provide approval for permit an adjacent Remote Site collocation arrangements arrangement (“Remote Site Adjacent Arrangement) where on BellSouth Premises’ property only when space within the Remote Site Location requested BellSouth Premises is legitimately exhausted, exhausted and where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location BellSouth Premises’ property. The Remote Site An Adjacent Arrangement shall be constructed or procured by WebShoppe Iris Networks or Iris Networks’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, WebShoppe Iris Networks shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) Arrangement pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe elect such an option3.4.2 If Iris Networks requests Adjacent Collocation, WebShoppe pursuant to the conditions stated in Section 3.4 above, Iris Networks must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site or procure the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and the appropriate specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationown specifications, WebShoppe Iris Networks and WebShoppeIris Networks’s BellSouth Certified Contractor must Supplier shall comply with the more stringent local building code requirements. WebShoppeIris Networks’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving obtaining any and all necessary zoning, permits and/or licenses for such construction. WebShoppeIris Networks’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe bill Iris Networks directly for all work performed for WebShoppe pursuant Iris Networks to comply with this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay such charges imposed by the Iris Networks’s BellSouth Certified ContractorSupplier. WebShoppe Iris Networks must provide the local BellSouth Remote Site Location contact with two (2) cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case of an emergency, BellSouth shall will not access WebShoppeIris Networks’s locked enclosure prior to notifying WebShoppe. 3.4.2 BellSouth maintains the right to review WebShoppe’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppe, Iris Networks at WebShoppe’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppe’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppe’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.least forty-eight

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Remote Site Location Premises is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or demonstrably planned structures or facilities on the Remote Site Location propertyPremises property and where permitted by zoning and other applicable federal, state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe Powertel and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe Powertel shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 3.5.1 Should WebShoppe Powertel elect such an option, WebShoppe Powertel must arrange with a BellSouth Certified Contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s reasonable safety and maintenance guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe Powertel and WebShoppePowertel’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. WebShoppePowertel’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppePowertel’s BellSouth Certified Contractor shall xxxx WebShoppe bill Powertel directly for all work performed for WebShoppe Powertel pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe Powertel must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppePowertel’s locked enclosure prior to notifying WebShoppePowertel. 3.4.2 3.5.2 Powertel must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review WebShoppePowertel’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth may reviews Powertel’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Remote Site Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review Powertel’s plans and specifications prior to construction, Powertel will be entitled to request BellSouth to review; and in the Commencement Dateevent Powertel does not request a BellSouth review, as defined in Section 4 following, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require WebShoppe, at WebShoppe’s sole cost, Powertel to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at Powertel’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame.guidelines and specifications 3.4.3 WebShoppe 3.5.3 Powertel shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppePowertel’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppePowertel’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.

Appears in 1 contract

Samples: Master Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where on the property on which the Remote Site is located when space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe Teleconex and in conformance with BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe Teleconex shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request application for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe Teleconex elect such an optionAdjacent Collocation, WebShoppe Teleconex must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon requestSpecifications. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe Teleconex and WebShoppeTeleconex’s BellSouth Certified Contractor Supplier must comply with local building code requirements. WebShoppeTeleconex’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeTeleconex’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe bill Teleconex directly for all work performed for WebShoppe Teleconex pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the Teleconex’s BellSouth Certified ContractorSupplier. WebShoppe Teleconex must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeTeleconex’s locked enclosure prior to notifying WebShoppe. 3.4.2 BellSouth maintains the right to review WebShoppe’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppe, Teleconex at WebShoppe’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppe’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppe’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.least forty-eight

Appears in 1 contract

Samples: Clec Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe CLEC-1 and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe CLEC-1 shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe CLEC-1 elect such an option, WebShoppe CLEC-1 must arrange with a BellSouth Certified Contractor to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe CLEC-1 and WebShoppeCLEC-1’s BellSouth Certified Contractor must comply with local building code requirements. WebShoppeCLEC-1’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeCLEC-1’s BellSouth Certified Contractor shall xxxx WebShoppe XXXX-1 directly for all work performed for WebShoppe CLEC-1 pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe CLEC-1 must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeCLEC-1’s locked enclosure prior to notifying WebShoppeCLEC-1. 3.4.2 BellSouth maintains the right to review WebShoppeCLEC-1’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Date, as defined in Section 4 followingequipment becoming operational, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppeCLEC-1, at WebShoppeCLEC-1’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe CLEC-1 shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeCLEC-1’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeCLEC-1’s BellSouth Certified Contractor shall be responsible, at WebShoppeCLEC’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 1 contract

Samples: Physical Collocation Master Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Remote Site Location Premises is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location propertyPremises property and where permitted by zoning and other applicable state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe NOS Communications, Inc. and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe NOS Communications, Inc. shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 3.5.1 Should WebShoppe NOS Communications, Inc. elect such an option, WebShoppe NOS Communications, Inc. must arrange with a BellSouth Certified Contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe NOS Communications, Inc. and WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor shall xxxx WebShoppe bill NOS Communications, Inc. directly for all work performed for WebShoppe NOS Communications, Inc. pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe NOS Communications, Inc. must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeNOS Communications, Inc.’s locked enclosure prior to notifying WebShoppe.NOS Communications, Inc.. 3.4.2 3.5.2 NOS Communications, Inc. must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review WebShoppeNOS Communications, Inc.’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth may reviews NOS Communications, Inc.’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Remote Site Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review NOS Communications, Inc.’s plans and specifications prior to construction, NOS Communications, Inc. will be entitled to request BellSouth to review; and in the Commencement Dateevent NOS Communications, as defined in Section 4 followingInc. does not request a BellSouth review, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require WebShoppeNOS Communications, at WebShoppe’s sole cost, Inc. to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at NOS Communications, Inc.’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspectionguidelines and specifications 3.5.3 NOS Communications, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe Inc. shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeNOS Communications, Inc.’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeNOS Communications, Inc.’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.

Appears in 1 contract

Samples: Telecommunications

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (Remote Site Adjacent Arrangement) where on the property on which the Remote Site is located when space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe GulfPines and in conformance with BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe GulfPines shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request application for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe GulfPines elect such an optionAdjacent Collocation, WebShoppe GulfPines must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon requestSpecifications. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe GulfPines and WebShoppe’s GulfPines’ BellSouth Certified Contractor Supplier must comply with local building code requirements. WebShoppe’s GulfPines’ BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppe’s GulfPines’ BellSouth Certified Contractor Supplier shall xxxx WebShoppe GulfPines directly for all work performed for WebShoppe GulfPines pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the GulfPines’ BellSouth Certified ContractorSupplier. WebShoppe GulfPines must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppe’s GulfPines’ locked enclosure prior to notifying WebShoppeGulfPines at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the locked enclosure is required. 3.4.2 GulfPines must submit its plans and specifications to BellSouth maintains the right to with its Firm Order. BellSouth shall review WebShoppe’s GulfPines’ plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s)) to ensure compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of plans and specifications. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following during and after construction and prior to confirm it is constructed according to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines submitted plans and specifications. BellSouth may shall require WebShoppe, at WebShoppe’s sole cost, GulfPines to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at GulfPines’ expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspection, unless the Parties mutually agree to an alternative time frameSpecifications. 3.4.3 WebShoppe GulfPines shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppe’s GulfPines’ option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppe’s In Alabama and Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC, and subject to individual case basis pricing. GulfPines’ BellSouth Certified Contractor Supplier shall be responsible, at WebShoppe’s GulfPines’ expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 . BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where space within the Remote Site Location Central Office is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe Network Telephone and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe Network Telephone shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent ArrangementCollocation. 3.4.1 Should WebShoppe Network Telephone elect such an option, WebShoppe Network Telephone must arrange with a BellSouth Certified Contractor certified contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe Network Telephone and WebShoppeNetwork Telephone’s BellSouth Certified Contractor contractor must comply with local building code requirements. WebShoppeNetwork Telephone’s BellSouth Certified Contractor contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeNetwork Telephone’s BellSouth Certified Contractor Vendor shall xxxx WebShoppe bill Network Telephone directly for all work performed for WebShoppe Network Telephone pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified ContractorVendor. WebShoppe Network Telephone must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeNetwork Telephone’s locked enclosure prior to notifying WebShoppeNetwork Telephone. 3.4.2 BellSouth maintains the right to review WebShoppeNetwork Telephone’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Datecommencement, as defined in Section 4 4.1 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require WebShoppeNetwork Telephone, at WebShoppeNetwork Telephone’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven five (75) calendar business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe Network Telephone shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At WebShoppeNetwork Telephone’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppe’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 proceeding.

Appears in 1 contract

Samples: Interconnection Agreement

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Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit an adjacent Remote Site collocation arrangements arrangement (“Remote Site Adjacent Arrangement) where on BellSouth Premises property only when space within the Remote Site Location requested BellSouth Premises is legitimately exhausted, exhausted and where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location BellSouth Premises’ property. The Remote Site An Adjacent Arrangement shall be constructed or procured by WebShoppe PTLLC or PTLLC’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe PTLLC shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe elect such an optionIf PTLLC requests Adjacent Collocation, WebShoppe pursuant to the conditions stated in 3.4 above, PTLLC must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications the appropriate Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe PTLLC and WebShoppePTLLC’s BellSouth Certified Contractor must Supplier shall comply with the more stringent local building code requirements. WebShoppePTLLC’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppePTLLC’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe bill PTLLC directly for all work performed for WebShoppe pursuant PTLLC to comply with this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by the PTLLC’s BellSouth Certified ContractorSupplier. WebShoppe PTLLC must provide the local BellSouth Remote Site Location contact Central Office Building Contact with two (2) cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case of an emergency, BellSouth shall will not access WebShoppePTLLC’s locked enclosure prior to notifying WebShoppePTLLC at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.2 PTLLC must submit its Adjacent Arrangement construction plans and specifications to BellSouth maintains the right to when it places its Firm Order. BellSouth shall review WebShoppePTLLC’s plans and specifications prior to the construction of a Remote Site an Adjacent Arrangement(s)) to ensure PTLLC’s compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of the plans and specifications from PTLLC for the Adjacent Arrangement. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following Arrangement during and after construction and prior to the Commencement Date, as defined in Section 4 following, is completed to ensure the design and construction comply with BellSouththat it is constructed according to PTLLC’s guidelines submitted plans and specifications. BellSouth may require WebShoppe, at WebShoppe’s sole cost, If XxxxXxxxx decides to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of inspect the Remote Site completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) calendar days after receipt of written notification of completion of the enclosure from PTLLC. BellSouth shall require PTLLC to remove or correct within seven (7) calendar days of days, at PTLLC’s expense, any structure that does not meet its submitted plans and specifications or BellSouth’s inspectionSpecifications, unless the Parties mutually agree to an alternative time frame.as applicable. Version 2Q04: 08/18/04 3.4.3 WebShoppe PTLLC shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppePTLLC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation Collocation services and facilities facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical collocation Collocation arrangement. WebShoppeIn Alabama and Louisiana, at PTLLC’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. PTLLC will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. PTLLC’s BellSouth Certified Contractor Supplier shall be responsible, at WebShoppePTLLC’s sole expense, for filing and receiving the required documentation to obtain any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) caged Collocation within a Remote Site an Adjacent Arrangement Arrangement, pursuant to the terms and conditions set forth hereinin Section 3.3 above.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for adjacent Remote Site collocation arrangements (“Remote Site "Adjacent Arrangement") where space within the Remote Site Location Central Office is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe ITC/\DeltaCom and in conformance with BellSouth’s 's design and construction specifications. Further, WebShoppe ITC/\DeltaCom shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for the Remote Site Adjacent ArrangementCollocation. 3.4.1 Should WebShoppe ITC/\DeltaCom elect such an option, WebShoppe ITC/\DeltaCom must arrange with a BellSouth Certified Contractor certified contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s 's guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s 's standard specification, WebShoppe ITC/\DeltaCom and WebShoppe’s BellSouth Certified Contractor ITC/\DeltaCom's contractor must comply with local building code requirements. WebShoppe’s BellSouth Certified Contractor ITC/\DeltaCom's contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppe’s ITC/\DeltaCom's BellSouth Certified Contractor Vendor shall xxxx WebShoppe ITC/\DeltaCom directly for all work performed for WebShoppe ITC/\DeltaCom pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified ContractorVendor. WebShoppe ITC/\DeltaCom must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppe’s ITC/\DeltaCom's locked enclosure prior to notifying WebShoppeITC/\DeltaCom. 3.4.2 BellSouth maintains the right to review WebShoppe’s ITC/\DeltaCom's plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s). BellSouth shall complete its review within fifteen (15) calendar days. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following construction and prior to the Commencement Datecommencement, as defined in Section 4 4.1 following, to ensure the design and construction comply with BellSouth’s 's guidelines and specifications. BellSouth may require WebShoppeITC/\DeltaCom, at WebShoppe’s ITC/\DeltaCom's sole cost, to correct any deviations from BellSouth’s 's guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven five (75) calendar business days of BellSouth’s 's inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 WebShoppe ITC/\DeltaCom shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At WebShoppe’s ITC/\DeltaCom's option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppe’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 proceeding.

Appears in 1 contract

Samples: Interconnection Agreement (Itc Deltacom Inc)

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit an adjacent Remote Site collocation arrangements arrangement (“Remote Site Adjacent Arrangement) where on BellSouth Premises property only when space within the Remote Site Location requested BellSouth Premises is legitimately exhausted, exhausted and where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location BellSouth Premises’ property. The Remote Site An Adjacent Arrangement shall be constructed or procured by WebShoppe PTLLC or PTLLC’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe PTLLC shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe elect such an optionIf PTLLC requests Adjacent Collocation, WebShoppe pursuant to the conditions stated in 3.4 above, PTLLC must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications the appropriate Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe PTLLC and WebShoppePTLLC’s BellSouth Certified Contractor must Supplier shall comply with the more stringent local building code requirements. WebShoppePTLLC’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppePTLLC’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe PTLLC directly for all work performed for WebShoppe pursuant PTLLC to comply with this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by the PTLLC’s BellSouth Certified ContractorSupplier. WebShoppe PTLLC must provide the local BellSouth Remote Site Location contact Central Office Building Contact with two (2) cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case of an emergency, BellSouth shall will not access WebShoppePTLLC’s locked enclosure prior to notifying WebShoppePTLLC at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.2 PTLLC must submit its Adjacent Arrangement construction plans and specifications to BellSouth maintains the right to when it places its Firm Order. BellSouth shall review WebShoppePTLLC’s plans and specifications prior to the construction of a Remote Site an Adjacent Arrangement(s)) to ensure PTLLC’s compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of the plans and specifications from PTLLC for the Adjacent Arrangement. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following Arrangement during and after construction and prior to the Commencement Date, as defined in Section 4 following, is completed to ensure the design and construction comply with BellSouththat it is constructed according to PTLLC’s guidelines submitted plans and specifications. If BellSouth may require WebShoppe, at WebShoppe’s sole cost, decides to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of inspect the Remote Site completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) calendar days after receipt of written notification of completion of the enclosure from PTLLC. BellSouth shall require PTLLC to remove or correct within seven (7) calendar days of days, at PTLLC’s expense, any structure that does not meet its submitted plans and specifications or BellSouth’s inspectionSpecifications, unless the Parties mutually agree to an alternative time frame.as applicable. Version 2Q04: 08/18/04 3.4.3 WebShoppe PTLLC shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppePTLLC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation Collocation services and facilities facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical collocation Collocation arrangement. WebShoppeIn Alabama and Louisiana, at PTLLC’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. PTLLC will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. PTLLC’s BellSouth Certified Contractor Supplier shall be responsible, at WebShoppePTLLC’s sole expense, for filing and receiving the required documentation to obtain any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) caged Collocation within a Remote Site an Adjacent Arrangement Arrangement, pursuant to the terms and conditions set forth hereinin Section 3.3 above.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where on the property on which the Remote Site is located when space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe DukeNet and in conformance with BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe DukeNet shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request application for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe DukeNet elect such an optionAdjacent Collocation, WebShoppe DukeNet must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon requestSpecifications. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe DukeNet and WebShoppeDukeNet’s BellSouth Certified Contractor Supplier must comply with local building code requirements. WebShoppeDukeNet’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeDukeNet’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe bill DukeNet directly for all work performed for WebShoppe DukeNet pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the DukeNet’s BellSouth Certified ContractorSupplier. WebShoppe DukeNet must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeDukeNet’s locked enclosure prior to notifying WebShoppeDukeNet at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the locked enclosure is required. 3.4.2 DukeNet must submit its plans and specifications to BellSouth maintains the right to with its Firm Order. BellSouth shall review WebShoppeDukeNet’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s)) to ensure compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of plans and specifications. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following during and after construction and prior to confirm it is constructed according to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines submitted plans and specifications. BellSouth may shall require WebShoppe, at WebShoppe’s sole cost, DukeNet to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at DukeNet’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspection, unless the Parties mutually agree to an alternative time frameSpecifications. 3.4.3 WebShoppe DukeNet shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeDukeNet’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeIn Alabama and Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC, and subject to individual case basis pricing. DukeNet’s BellSouth Certified Contractor Supplier shall be responsible, at WebShoppeDukeNet’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 . BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Remote Site Location Premises is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location propertyPremises property and where permitted by zoning and other applicable state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe KMC Telecom and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe KMC Telecom shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 3.5.1 Should WebShoppe KMC Telecom elect such an option, WebShoppe KMC Telecom must arrange with a BellSouth Certified Contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe KMC Telecom and WebShoppeKMC Telecom’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. WebShoppeKMC Telecom’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeKMC Telecom’s BellSouth Certified Contractor shall xxxx WebShoppe KMC Telecom directly for all work performed for WebShoppe KMC Telecom pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe KMC Telecom must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeKMC Telecom’s locked enclosure prior to notifying WebShoppeKMC Telecom. 3.4.2 3.5.2 KMC Telecom must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review WebShoppeKMC Telecom’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth may reviews KMC Telecom’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Remote Site Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review KMC Telecom’s plans and specifications prior to construction, KMC Telecom will be entitled to request BellSouth to review; and in the Commencement Dateevent KMC Telecom does not request a BellSouth review, as defined in Section 4 following, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require WebShoppe, at WebShoppe’s sole cost, KMC Telecom to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at KMC Telecom’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame.guidelines and specifications 3.4.3 WebShoppe 3.5.3 KMC Telecom shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeKMC Telecom’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeKMC Telecom’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) where on the property on which the Remote Site is located when space within the Remote Site Location is legitimately exhausted, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location property. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe ALCALL and in conformance with BellSouth’s design and construction specificationsSpecifications. Further, WebShoppe ALCALL shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request application for the Remote Site Adjacent Arrangement. 3.4.1 Should WebShoppe ALCALL elect such an optionAdjacent Collocation, WebShoppe ALCALL must arrange with a BellSouth Certified Contractor Supplier to construct a Remote Site Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon requestSpecifications. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, WebShoppe ALCALL and WebShoppeALCALL’s BellSouth Certified Contractor Supplier must comply with local building code requirements. WebShoppeALCALL’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeALCALL’s BellSouth Certified Contractor Supplier shall xxxx WebShoppe ALCALL directly for all work performed for WebShoppe ALCALL pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the ALCALL’s BellSouth Certified ContractorSupplier. WebShoppe ALCALL must provide the local BellSouth Remote Site Location contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeALCALL’s locked enclosure prior to notifying WebShoppeALCALL at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the locked enclosure is required. 3.4.2 ALCALL must submit its plans and specifications to BellSouth maintains the right to with its Firm Order. BellSouth shall review WebShoppeALCALL’s plans and specifications prior to construction of a Remote Site Adjacent Arrangement(s)) to ensure compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar daysdays after receipt of plans and specifications. BellSouth may inspect the Remote Site Adjacent Arrangement(s) following during and after construction and prior to confirm it is constructed according to the Commencement Date, as defined in Section 4 following, to ensure the design and construction comply with BellSouth’s guidelines submitted plans and specifications. BellSouth may shall require WebShoppe, at WebShoppe’s sole cost, ALCALL to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at ALCALL’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspection, unless the Parties mutually agree to an alternative time frameSpecifications. 3.4.3 WebShoppe ALCALL shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeALCALL’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeIn Alabama and Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC, and subject to individual case basis pricing. ALCALL’s BellSouth Certified Contractor Supplier shall be responsible, at WebShoppeALCALL’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 . BellSouth shall allow Shared (Subleased) Collocation within a Remote Site Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide approval for permit adjacent Remote Site collocation arrangements (“Remote Site Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Remote Site Location Premises is legitimately exhausted, subject to technical feasibility, where the Remote Site Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Remote Site Location propertyPremises property and where permitted by zoning and other applicable state and local regulations. The Remote Site Adjacent Arrangement shall be constructed or procured by WebShoppe BBOC and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe BBOC shall construct, procure, maintain and operate said Remote Site Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Remote Site Adjacent Arrangement. 3.4.1 3.5.1 Should WebShoppe BBOC elect such an option, WebShoppe BBOC must arrange with a BellSouth Certified Contractor to construct a Remote Site an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe BBOC and WebShoppeBBOC’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. WebShoppeBBOC’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppeBBOC’s BellSouth Certified Contractor shall xxxx WebShoppe bill BBOC directly for all work performed for WebShoppe BBOC pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified Contractor. WebShoppe BBOC must provide the local BellSouth Remote Site Location building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppeBBOC’s locked enclosure prior to notifying WebShoppeBBOC. 3.4.2 3.5.2 BBOC must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review WebShoppeBBOC’s plans and specifications prior to construction of a Remote Site an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth may reviews BBOC’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Remote Site Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review BBOC’s plans and specifications prior to construction, BBOC will be entitled to request BellSouth to review; and in the Commencement Dateevent BBOC does not request a BellSouth review, as defined in Section 4 following, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require WebShoppe, at WebShoppe’s sole cost, BBOC to remove or correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Remote Site Adjacent Arrangement, within seven (7) calendar days of at BBOC’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame.guidelines and specifications 3.4.3 WebShoppe 3.5.3 BBOC shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At WebShoppeBBOC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. WebShoppeBBOC’s BellSouth Certified Contractor shall be responsible, at WebShoppe’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within a Remote Site an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.

Appears in 1 contract

Samples: Interconnection Agreement

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