Common use of CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE Clause in Contracts

CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE. 1.1 Items To Be Provided by Qwest. Qwest will be responsible for furnishing ----------------------------- the following items (as required by the conditions of the particular installation or other on-site Service) at no charge to Corvis and these items are not included in Corvis' price for the Services. To the extent Corvis requires any item or assistance from Qwest, including without limitation, data, access, documentation, equipment or input of any kind from Qwest in order for Corvis to perform the Services, Corvis shall notify Qwest if such item or assistance is not forthcoming. Further, Corvis and Qwest acknowledge and agree that if Qwest's ability to provide requested items is delayed, restricted or prohibited by the landlord for the facility involved, Qwest shall remain responsible for the timely provision of such items and such delay, restriction or prohibition shall constitute an Adjustment Event (as defined below). Should Corvis incur expense as a result of Qwest's failure to provide any of these items, where Corvis provided notice of such failure, additional billing will be rendered to and paid by Qwest for Corvis' reasonable and actual fees and expenses. (a) Access to Building and Work Site. Qwest will allow employees of -------------------------------- Corvis and its subcontractors appropriate access to premises and facilities at all reasonable hours during the scheduled Service or at such other times as are reasonably requested by Corvis and approved by Qwest, such approval not to be unreasonably withheld, delayed or denied. Qwest shall obtain for Corvis' and its subcontractors' employees any necessary identification and clearance credentials to enable Corvis and its subcontractors to have access to the work site.

CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE. 1.1 Items To Be Provided by QwestCustomer. Qwest Customer will be responsible for -------------------------------- furnishing ----------------------------- the following items (as required by the conditions of the particular installation or other on-site Service) at no charge to Corvis and these items are not included in Corvis' price for the Services. To the extent Corvis requires any item or assistance from Qwest, including without limitation, data, access, documentation, equipment or input of any kind from Qwest in order for Corvis to perform the Services, Corvis shall notify Qwest if such item or assistance is not forthcoming. Further, Corvis and Qwest acknowledge and agree that if Qwest's ability to provide requested items is delayed, restricted or prohibited by the landlord for the facility involved, Qwest shall remain responsible for the timely provision of such items and such delay, restriction or prohibition shall constitute an Adjustment Event (as defined below). Should Corvis incur expense as a result of QwestCustomer's failure to provide any of these items, where Corvis provided notice of such failure, additional billing will be rendered to and paid by Qwest for Corvis' reasonable and actual fees and expensesCustomer. (a) Access to Building and Work Site. Qwest Upon provision of seventy-two (72) -------------------------------- hour advance notice by Corvis, Customer will allow employees of -------------------------------- Corvis and its subcontractors appropriate access to premises and facilities at all reasonable hours during the scheduled Service or at such other times as are reasonably requested by Corvis. All employees and subcontractors of Corvis must be escorted by Customer personnell when such access to the premises and approved by Qwest, such approval not to be unreasonably withheld, delayed or deniedfacilities is granted. Qwest Customer shall obtain for Corvis' and its subcontractors' employees any necessary identification and clearance credentials to enable Corvis and its subcontractors to have access to the work site. (b) General Building Conditions. Customer will take such action as may be --------------------------- necessary to insure that the premises will be dry and free from dust and Hazardous Materials (as defined below), including but not limited to asbestos, and in such condition as not to be injurious to Corvis' or its subcontractors' employees or to the Products to be installed. Prior to commencement of the Services and during the performance of the Services, Customer shall, if requested by Corvis, provide Corvis with sufficient data to assist Corvis or its subcontractor in evaluating the environmental conditions at the work site (including the presence of Hazardous Materials). The price quoted by Corvis for Services does not include the cost of removal or disposal of the Hazardous Materials from the work site. Customer is responsible for removing and disposing of the Hazardous Materials, including but not limited to asbestos, prior to commencement of Services. The term "Hazardous Materials" means ------------------- material designated as a "hazardous chemical substance or mixture" pursuant to Section 6 of the Toxic Substance Control Act; a "hazardous material" as defined in the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.); "hazardous substance" as defined in the Occupational Safety and Health Act Hazard Communication Standard (29 CFR 1910.1200).

CONDITIONS OF SERVICES PERFORMED ON CUSTOMER'S SITE. 1.1 Items To Be Provided by Qwest. Qwest will be responsible for furnishing ----------------------------- the following items (as required by the conditions of the particular installation or other on-site Service) at no charge to Corvis and these items are not included in Corvis' price for the Services. To the extent Corvis requires any item or assistance from Qwest, including without limitation, data, access, documentation, equipment or input of any kind from Qwest in order for Corvis to perform the Services, Corvis shall notify Qwest if such item or assistance is not forthcoming. Further, Corvis and Qwest acknowledge and agree that if Qwest's ability to provide requested items is delayed, restricted or prohibited by the landlord for the facility involved, Qwest shall remain responsible for the timely provision of such items and such delay, restriction or prohibition shall constitute an Adjustment Event (as defined below). Should Corvis incur expense as a result of Qwest's failure to provide any of these items, where Corvis provided notice of such failure, additional billing will be rendered to and paid by Qwest for Corvis' reasonable and actual fees and expenses.[*] (a) Access to Building and Work Site. Qwest will allow employees of -------------------------------- Corvis ------------------------------- and its subcontractors appropriate access to premises and facilities at all reasonable hours during the scheduled Service or at such other times as are reasonably requested by Corvis and approved by Qwest, such approval not to be unreasonably withheld, delayed or denied. Qwest shall obtain for Corvis' and its subcontractors' employees any necessary identification and clearance credentials to enable Corvis and its subcontractors to have access to the work site.