AT&T ALABAMA shall exercise precaution to avoid damaging the Facilities of CLEC and shall make an immediate report to CLEC of the occurrence of any such damage caused by its employees, agents or contractors. AT&T ALABAMA agrees to reimburse CLEC for all reasonable Costs incurred by CLEC for the physical repair of such Facilities damaged by the negligence of AT&T ALABAMA, its employees, agents, contractors, subcontractors or invitees. However, AT&T ALABAMA shall not be liable to CLEC for any interruption of CLEC’s service or for interference with the operation of CLEC’s Facilities, or for any special, indirect, or consequential damages arising in any manner, including AT&T ALABAMA’s negligence, out of the use of Pole(s), Anchor(s), or Conduit Systems or AT&T ALABAMA’s actions or omissions in regard thereto and CLEC shall indemnify and save harmless AT&T ALABAMA from and against any and all claims, demands, causes of action, costs and reasonable attorneys’ fees with respect to such special, indirect or consequential damages.
AT&T ALABAMA acknowledges that it is required by the Act to afford CLEC access to and use of all associated ROW to any sites where AT&T ALABAMA’s owned or controlled Poles, Manholes, Conduits, Ducts or other parts of AT&T ALABAMA’s owned or controlled Conduit Systems are located.
AT&T ALABAMA s authorized employee or agent shall not direct or control the conduct of CLEC’s work at the work site. The presence of AT&T ALABAMA’s authorized employee or agent at the work site shall not relieve CLEC or personnel performing work on CLEC’s behalf of their responsibility to conduct all work operations within AT&T ALABAMA’s Conduit System in a safe and workmanlike manner.
AT&T ALABAMA shall have no obligation to construct any Facilities for CLEC or to attach CLEC’s Facilities to, or place CLEC’s Facilities in, AT&T ALABAMA’s Poles or Conduit System, except as may be necessary to facilitate the interconnection of unbundled network elements or except to the extent expressly provided in this Section, any License issued hereunder, or by the Telecommunications Act or any other applicable law.
AT&T ALABAMA shall provide CLEC with equal and nondiscriminatory access to Pole space, Conduits, Ducts, and ROW on terms and conditions equal to those provided by AT&T ALABAMA to itself or to any other Telecommunications Service provider. Further, AT&T ALABAMA shall not withhold or delay assignment of such Facilities to CLEC because of the potential or forecasted needs of itself or Third Parties.
AT&T ALABAMA. Is Not Responsible for Maintaining CLEC’s Facilities:
AT&T ALABAMA shall provide CLEC with access to and use of such ROW to the same extent and for the same purposes that AT&T ALABAMA may access or use such ROW, including but not limited to access for ingress, egress or other access and to construct, utilize, maintain, modify, and remove Facilities for which Pole attachment, Conduit Occupancy, or ROW use Licenses have been issued, provided that any Agreement with a Third Party under which AT&T ALABAMA holds such rights expressly or impliedly grants AT&T ALABAMA the right to provide such rights to others.
AT&T ALABAMA shall determine, in the exercise of sound engineering judgment, whether or not Make- Ready Work is necessary or possible. In determining whether Make-Ready Work is necessary or what Make-Ready Work is necessary, AT&T ALABAMA shall endeavor to minimize its Costs to CLEC. If it is determined that such Make-Ready Work is required, AT&T ALABAMA shall provide CLEC with the estimated Costs for Make-Ready Work and a Make Ready-Work Due Date.
AT&T ALABAMA will process License Applications in the order in which they are received; provided, however, that when CLEC has multiple Applications on file with AT&T ALABAMA, CLEC may designate its desired priority of completion of pre-licenses and Make-Ready Work with respect to all such Applications.
8.2.1 Each Application for a License under this Section shall specify the proposed route of CLEC’s Facilities and identify the Conduits and Ducts or Poles, Joint Use Pole(s) and Pole Facilities along the proposed route in which CLEC desires to place or attach its Facilities, and describe the physical size, weight and jacket material of the cable which CLEC desires to place in each Conduit or Duct or the number and type of cables, apparatus enclosures and other Facilities which CLEC desires to attach to each Pole or Joint Use Pole.
AT&T ALABAMA shall have no obligation to maintain any Facilities which CLEC has attached or connected to, or placed in, AT&T ALABAMA’s Poles, Conduits, Ducts or any portion of AT&T ALABAMA’s Conduit System, except to the extent expressly provided by the provisions of this section or any License issued hereunder, or by the Act or other applicable laws, rules or regulations. 12.5 Information Concerning the Maintenance of CLEC’s Facilities:
12.5.1 Promptly after the issuance of a License permitting CLEC to attach Facilities to, or place Facilities in AT&T ALABAMA’s Poles, Conduits or Ducts, CLEC shall provide AT&T ALABAMA with the name, title, business address, and business telephone number of the manager responsible for routine maintenance of CLEC’s Facilities, and shall thereafter notify AT&T ALABAMA of changes to such information. The manager responsible for routine maintenance of CLEC’s Facilities shall, on AT&T ALABAMA’s request, identify any contractor, subcontractor, or other person performing maintenance activities on CLEC’s behalf at a specified site and shall, on AT&T ALABAMA’s request, provide such additional documentation relating to the maintenance of CLEC’s Facilities as reasonably necessary to demonstrate that CLEC and all persons acting on CLEC’s behalf are complying with the requirements of this section and Licenses issued hereunder.
