Common use of COLLOCATION OF EQUIPMENT Clause in Contracts

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 on its own equipment. If MCI relocates the Provider's equipment within the space, the relocation will be at MCI's sole cost and expense; provided, however, if the Provider's equipment is moved by the Provider or is moved to another location, the relocation will be at the Provider's sole cost and expense. For purposes of this Paragraph 7.2 and in order to facilitate coordination, the parties will name appropriate field level contacts and provide their respective telephone numbers within thirty (30) days after execution of this Agreement. 7.3 Provider understands and agrees that permission to install its equipment at an MCI location is not intended to and shall not be deemed to grant Provider any property rights in the location. In the event, however, that this arrangement shall be construed by the owner of the building in which the location is situated to be such a grant and if the owner of the building asserts such a grant to be a violation of the lease under which MCI occupies the location, Provider agrees, upon request of MCI, to either enter into an agreement approved by said owner or immediately remove its equipment. MCI agrees to cooperate with Provider in obtaining the approvals Provider may need to obtain from any building owner.

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, Service 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. In addition, MCI will allow Provider to access to its equipment for the purpose of maintenance and repair of equipment, equipment and testing the Circuits and the CapacityService, 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, except as expressly provided in this Agreement. MCI will keep Provider's equipment free and clear of all liens, security interest and encumbrances. MCI shall have the right to require Provider to relocate Provider's equipment for MCI's convenience due to MCI's networking requirements; provided however. Such equipment relocation at the same MCI location, 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 itany associated out-of-pocket costs, in MCI's sole discretion, MCI may allow Provider to coordinate relocation activities with the appropriate MCI representative and perform the relocation work on its own equipment. If MCI relocates the Provider's equipment within the space, the relocation will shall be at MCI's sole cost expense and expenseshall accrue after written notice to Provider; provided, however, if the that if, as a result of MCI's networking requirements, Provider's equipment is moved by the Provider or is moved must be relocated to another a different MCI location, the such relocation will shall be undertaken at the Provider's sole cost and expense. For purposes of this Paragraph 7.2 and in order to facilitate coordination, the parties will name appropriate field level contacts and provide their respective telephone numbers within thirty (30) days after execution of this Agreement. 7.3 Provider understands and agrees that permission to install its equipment at an MCI location is not intended to and shall not be deemed to grant Provider any property rights in the location. In the event, however, that this arrangement shall be construed by the owner of the building in which the location is situated to be such a grant and if the owner of the building asserts such a grant to be a violation of the lease under which MCI occupies the location, Provider agrees, upon request of MCI, to either enter into an agreement approved by said owner or immediately remove its equipment. MCI XXX agrees to cooperate with Provider in obtaining the approvals Provider may need to obtain from any building owner.