Common use of Conditions on Use of Space Clause in Contracts

Conditions on Use of Space. 4.4.1 Neither the use and occupancy of space in which AFS situates its equipment in ACS premises or points, nor the payments made by AFS for the use of space in ACS’ premises or points, shall create or vest, or is intended to create or vest, in AFS (or in any other person) any property right or interest of any nature in any part of ACS’ premises. 4.4.2 AFS shall, at AFS’ expense, fully, promptly, and consistently comply with all statutes, ordinances, rules, regulations, orders, and requirements in effect during the term of this Agreement. AFS shall not use or permit the use of the collocation space in any manner that will create waste, create a nuisance, or create a fire hazard. AFS will not operate any equipment that causes interference with the telecommunications facilities of ACS or others in the building. 4.4.2.1 ACS shall notify AFS immediately of any interference with the telecommunications facilities of ACS or others believed to be caused by AFS’ equipment. AFS and ACS will, within twenty-four (24) hours of notification by ACS, cooperatively work to expeditiously determine if the reported interference is caused by AFS’ equipment and, if so, eliminate the cause of the interference. ACS retains the right and responsibility to eliminate any cause of interference. 4.4.3 AFS’ use of collocation space within or upon ACS’ premises or points is subject to any restriction or agreement which governs ACS’ use of the premises or points, such as zoning restrictions, restrictive covenants in deeds or limitations in leases between ACS and the owner of the facility. 4.4.4 ACS shall not be responsible for (a) AFS’ personal property, furniture and trade fixtures located in the collocation space, or (b) damages caused by the negligent or intentional act or omissions of AFS, AFS’ agents, contractors, employees or invitees. ACS shall have no obligation to make repairs until a reasonable time after receipt of written notice from AFS of the need for such repairs. 4.4.5 Upon demand of ACS, AFS shall reimburse ACS for the cost of all repairs or maintenance that result from the misuse or neglect of the collocation space by AFS, its agents, contractors, invitees or employees. Upon termination of AFS’ use and occupation of collocation space, AFS shall surrender the space occupied to ACS in the same condition as received, broom clean, ordinary wear and tear excepted, unless otherwise agreed to in writing. 4.4.6 Except for installation of equipment, AFS shall not make any alterations, improvements, or additions in, on, or about the occupied collocation space except as specifically permitted in writing by ACS. 4.4.6.1 AFS may, with the prior written consent of ACS, have the right to provide additional fire protection systems within the collocation space; provided, however, that AFS may not install or use sprinklers or carbon dioxide fire suppression systems within the building or the collocation space. If any governmental bureau, department or organization or ACS’ insurance carrier requires that changes, modifications, or alterations be made to the fire protection system, or that additional standalone fire extinguishing, detection or protection devices be supplied within the collocation space, such changes, modifications or additions shall be made by AFS at its expense, following review and written approval by ACS prior to any work being done. If any governmental bureau, department or organization or ACS’ insurance carrier requires that changes or modifications be made to the fire protection system or that additional stand alone fire extinguishing, detection or protection devices be supplied within that portion of the building in which the collocation space is generally located, such changes, modifications, or additions shall be made by ACS and AFS shall reimburse ACS for the cost thereof in the same proportion as the square footage of the collocation space is to the total square footage of the affected portion of the building. 4.4.7 AFS shall promptly pay all claims for labor or material furnished to or for AFS, for which claims are or may be secured by any construction or similar lien against ACS’ premises. AFS shall not suffer or permit any lien to attach to the interests of ACS in the premises. 4.4.8 Any additions, non-trade fixtures, and improvements shall become the property of ACS and remain upon and be surrendered with the collocation space at the expiration of AFS’ occupancy; provided, however, that ACS may require AFS to remove any additions and non-trade fixtures made by or for AFS and to repair any damages caused by such a removal. AFS’ equipment, personal property, furniture, and trade fixtures shall remain the property of AFS and may be removed by AFS provided, however, that if AFS has not removed such items from the collocation space within ten (10) days after the termination of AFS’ use and occupancy of such space, then ACS may elect to retain the same as abandoned property. AFS shall reimburse ACS for disposal of such abandoned property. 4.4.9 AFS will comply with ACS’ Central Office Policies and Procedures as may be amended from time to time. ACS will provide a copy of ACS’ Central Office Policies and Procedures within ten (10) business days of the Approval Date of this Agreement. ACS will be responsible for providing AFS with updates to the Central Office Policies and Procedures in a timely manner. 4.4.10 All space within the AFS adjacent or caged collocation space is dedicated to and controlled by AFS and cannot be used without the approval of AFS. 4.4.11 As requested by AFS, ACS shall provide basic telephone service to the AFS collocation space at tariffed rates. Upon AFS’ request, this service shall be available at the collocation space on the day that the space is turned over to AFS by ACS.

Conditions on Use of Space. 4.4.1 4.3.1 Neither the use and occupancy of space in which AFS LEVEL 3 situates its equipment in ACS ACS-ANC premises or points, nor the payments made by AFS XXXXX 0 for the use of space in ACS’ -ANC’s premises or points, shall create or vest, or is intended to create or vest, in AFS LEVEL 3 (or in any other person) any property right or interest of any nature in any part of ACS’ -ANC’s premises. 4.4.2 AFS shall4.3.2 XXXXX 0 xxxxx, at AFS’ xx XXXXX 0’s expense, fully, promptly, and consistently comply with all statutes, ordinances, rules, regulations, orders, and requirements in effect during the term of this Agreement. AFS LEVEL 3 shall not use or permit the use of the collocation space in any manner that will create waste, create a nuisance, or create a fire hazard. AFS LEVEL 3 will not operate any equipment that causes interference with the telecommunications facilities of ACS or others in the building.causes 4.4.2.1 ACS 4.3.3 ACS-ANC shall notify AFS LEVEL 3 immediately of any interference with the telecommunications facilities of ACS ACS-ANC or others believed to be caused by AFS’ LEVEL 3’s equipment. AFS LEVEL 3 and ACS ACS-ANC will, within twenty-four (24) 24 hours of notification by ACS-ANC, cooperatively work to expeditiously determine if the reported interference is caused by AFS’ LEVEL 3’s equipment and, if so, eliminate the cause of the interference. ACS retains the right and responsibility to eliminate any cause of interference. 4.4.3 AFS’ 4.3.4 LEVEL 3’s use and availability of collocation space within or upon ACS’ -ANC’s premises or points is subject to any restriction or agreement which governs ACS’ ACS- ANC’s use of the premises or points, such as zoning restrictions, restrictive covenants in deeds or limitations in leases between ACS ACS-ANC and the owner of the facility. 4.4.4 ACS 4.3.5 ACS-ANC shall not be responsible for (a) AFS’ for a. LEVEL 3’s personal property, furniture and trade fixtures located in the collocation space, or (b) or b. damages caused by the negligent or intentional act or omissions of AFSXXXXX 0, AFS’ XXXXX 0’s agents, contractors, employees or invitees. ACS ACS-ANC shall have no obligation to make repairs until a reasonable time after receipt of written notice from AFS LEVEL 3 of the need for such repairs. 4.4.5 4.3.6 Upon demand of ACS-ANC, AFS LEVEL 3 shall reimburse ACS ACS-ANC for the cost of all repairs or maintenance that result from the misuse or neglect of the collocation space by AFSXXXXX 0, its agents, contractors, invitees or employees. Upon termination of AFS’ LEVEL 3’s use and occupation of collocation space, AFS LEVEL 3 shall surrender the space occupied to ACS ACS-ANC in the same condition as received, broom clean, ordinary wear and tear excepted, unless otherwise agreed to in writing. 4.4.6 4.3.7 Except for installation of equipment, AFS LEVEL 3 shall not make any alterations, improvements, or additions in, on, or about the occupied collocation space except as specifically permitted in writing by ACS-ANC. 4.4.6.1 AFS 4.3.8 XXXXX 0 may, with the prior written consent of ACS-ANC, have the right to provide additional security and fire protection systems within the collocation space; provided, however, that AFS XXXXX 0 may not install or use sprinklers or carbon dioxide fire suppression systems within the building or the collocation space. If any governmental bureau, department or organization or ACS’ -ANC’s insurance carrier requires that changes, modifications, or alterations be made to the fire protection system, or that additional standalone fire extinguishing, detection or protection devices be supplied within the collocation space, such changes, modifications or additions shall be made by AFS at its expense, following review and written approval by ACS prior to any work being done. If any governmental bureau, department or organization or ACS’ insurance carrier requires that changes or modifications be made to the fire protection system or that additional stand alone fire extinguishing, detection or protection devices be supplied within that portion of the building in which the collocation space is generally located, such changes, modifications, or additions shall be made by ACS and AFS shall reimburse ACS for the cost thereof in the same proportion as the square footage of the collocation space is to the total square footage of the affected portion of the building., 4.4.7 AFS 4.3.9 LEVEL 3 shall promptly pay all claims for labor or material furnished to or for AFSXXXXX 0, for which claims are or may be secured by any construction or similar lien against ACS’ -ANC’s premises. AFS LEVEL 3 shall not suffer or permit any lien to attach to the interests of ACS ACS-ANC in the premises. 4.4.8 4.3.10 Any additions, non-trade fixtures, and improvements shall become the property of ACS ACS-ANC and remain upon and be surrendered with the collocation space at the expiration of AFS’ LEVEL 3’s occupancy; provided, however, that ACS ACS-ANC may require AFS LEVEL 3 to remove any additions and nonnot-trade fixtures made by or for AFS XXXXX 0 and to repair any damages caused by such a removal. AFS’ LEVEL 3’s equipment, personal property, furniture, and trade fixtures shall remain the property of AFS LEVEL 3 and may be removed by AFS XXXXX 0 provided, however, that if AFS LEVEL 3 has not removed such items from the collocation space within ten (10) 10 days after the termination of AFS’ LEVEL 3’s use and occupancy of such space, then ACS ACS-ANC may elect to retain the same as abandoned property. AFS LEVEL 3 shall reimburse ACS ACS-ANC for disposal of such abandoned property. 4.4.9 AFS 4.3.11 LEVEL 3 will comply with ACS’ -ANC’s Central Office Policies and Procedures as may be amended from time to time, as long as such policies and procedures are applied on a nondiscriminatory basis. ACS ACS-ANC will provide a copy of ACS’ ACS- ANC’s Central Office Policies and Procedures within ten (10) 10 business days of the Approval Date of this Agreement. ACS ACS-ANC will be responsible for providing AFS LEVEL 3 with updates to the Central Office Policies and Procedures in a timely manner. 4.4.10 4.3.12 All space within the AFS LEVEL 3 caged, physical and adjacent or caged collocation space is dedicated to and controlled by AFS LEVEL 3 and cannot be used without the approval of AFSLEVEL 3. 4.4.11 4.3.13 As requested by AFSXXXXX 0, ACS XXX-XXX shall provide basic telephone service to the AFS LEVEL 3 collocation space at tariffed rates. Upon AFS’ LEVEL 3’s request, this service shall be available at the collocation space on the day that the space is turned over to AFS XXXXX 0 by ACS-ANC.