COLLOCATION OF EQUIPMENT. 7.1 Subject to MCI's approval, which approval may be withheld in MCI's sole discretion, Provider shall be permitted to install its equipment at MCI locations provided that such equipment shall be used solely for the purpose of providing access facilities to interconnect the Capacity and, if applicable, to interconnect the services acquired by Customer directly from Provider, to MCI's telecommunications network. Any equipment installed by Provider must be MCI lab-approved. Any equipment Provider is permitted to install at an MCI location shall be maintained and repaired by Provider. MCI will allow Provider access to its equipment for the purpose of maintenance and repair of equipment, and testing the Circuits and the Capacity, but only in accordance with procedures which MCI, in its sole discretion, deems to be appropriate, including, but not limited to, those procedures set forth in paragraph 2.9 of Exhibit G. For each MCI location in the metropolitan areas set forth in Exhibit C, the parties shall prepare a detailed scope of work, including a designation of the space at the MCI location within which Provider will install its equipment and a list of the equipment Provider intends to install, which scope of work as amended from time to time shall be attached to this Agreement as a part of Exhibit C. Subject to all required approvals and the availability of sufficient space, MCI will provide, at MCI's cost, reasonable space, power and environmental conditions including, but not limited to, equipment space, battery space and conduit space, air conditioning and fire protection, as necessary to facilitate said interconnection.
7.2 The parties agree that if Provider installs equipment at MCI locations in accordance with paragraph 7.1 herein, Provider will make the equipment available as a bailment and title to the equipment will remain with Provider. MCI shall have no right, title or interest therein. MCI will keep Provider's equipment free and clear of all liens, security interest and encumbrances. MCI shall have the right to relocate Provider's equipment for MCI's convenience due to MCI's networking requirements; provided however, MCI will provide Provider with as much notice as practicable under the circumstances prior to relocating Provider's equipment. If the schedule and operating conditions merits it, in MCI's sole discretion, MCI may allow Provider to coordinate relocation activities with the appropriate MCI representative and perform the relocation work...
COLLOCATION OF EQUIPMENT. 12 - VIII. CAPACITY INTERRUPTION, LIMITATIONS OF WARRANTY AND DAMAGES ....................................................... - 14 - IX. INDEMNIFICATION ............................................... - 15 - X. DEFAULT ....................................................... - 16 - XI. INFRINGEMENT .................................................. - 17 - XII. REQUIRED RIGHTS ............................................... - 17 - XIII. FORCE MAJEURE ................................................. - 18 - XIV. TAXES ......................................................... - 18 - XV. NOTICES ....................................................... - 19 - XVI. CONFIDENTIALITY ............................................... - 20 - XVII. WAIVER ........................................................ - 20 - XVIII. GOVERNING LAW ................................................. - 20 - XIX. ASSIGNMENT .................................................... - 20 - XX. NON-DISCLOSURE OF COMMUNICATIONS .............................. - 21 - XXI. NON-EXCLUSIVE ARRANGEMENT ..................................... - 21 - XXII. INSURANCE AND LIABILITY ....................................... - 21 - XXIII. AUTHORITY ..................................................... - 22 -
COLLOCATION OF EQUIPMENT. 9 VIII. SERVICE INTERRUPTION, LIMITATIONS OF WARRANTY AND DAMAGES..........................................................10 IX. INDEMNIFICATION..................................................12
COLLOCATION OF EQUIPMENT. Lessor hereby grants to Lessee the right to locate equipment owned by Lessee's customers upon the Leased Premises; provided, however, that:
(i) the placement of such equipment upon the Leased Premises will not create in the third party customer a possessory interest in the Leased Premises;
(ii) all equipment placed upon the Leased Premises by a third party customer shall remain the personal property of the third party customer; provided prior written notice thereof is given to Lessor, the third party customer releases Lessor from any and all claims arising from the presence of the equipment in on or about the Leased Premises, and the third party customer agrees to remove the equipment within one (1) day of receipt of notice, and repair any damage if the Lessee's rights to possession have been terminated.
(iii) Lessee shall indemnify and hold Lessor harmless from any and all damages, liabilities and other claims arising from the existence of the third party customer's equipment upon the Leased Premises in accordance with Section 7.03 of this Lease during the term of this Lease and any extensions thereof.
(iv) in the event Lessor deems the Lessee's placement of such equipment upon the Leased Premises does create in the third party customer a possessory right in the Leased Premises, Lessee agrees to execute a sublease agreement with Lessor covering the space utilized by Lessee's customer's equipment within the Leased Premises.
(v) all costs and expenses by Lessor arising from or relating to such equipment shall be borne by Lessee and payable upon demand including reasonable attorneys fees and costs.
(vi) the existence or placement of the equipment in on or about the Leased Premises shall not violate this Lease including the rules and regulations, and any insurance requirements. LESSOR: LESSEE: North Creek I-III L.P., MCI Systemhouse Corp., a Delaware limited partnership a Delaware corporation By: LPAML Colorado Limited By: /s/ MARTXX XXXXXX Partnership, a Colorado limited ---------------------------------- partnership, as Agent for Lessor Its: Director, Real Estate Services ----------------------------------- Date: ---------------------------------- By: /s/ LUCY X. XXXXXXX ---------------------------------- Its: General Partner ----------------------------------- Date: 6/30/97 ---------------------------------- EXHIBIT B [SECOND FLOOR PLAN] Notwithstanding the provisions of Section 6.02, Lessor agrees to not unreasonably withhold consent to alterations within...
