Common use of Construction and Scheduling Clause in Contracts

Construction and Scheduling. 4.3.1 Before beginning delivery, installation, replacement or removal work for equipment and/or facilities located within the collocation space, AFS must obtain ACS’ written approval of AFS’ proposed scheduling of the work in order to coordinate use of temporary staging areas, freight elevators, and other building facilities. ACS may request additional information before granting approval and may require scheduling changes; however, approval will not be unreasonably withheld. 4.3.2 ACS has the right to inspect AFS’ completed installation of equipment and facilities occupying a collocation space and associated building entrance facilities. ACS also may make subsequent and periodic inspections of the AFS’ equipment and facilities. These subsequent periodic inspections will be made no more than once per month, except when they are required by public safety, fire or insurance agencies or in cases of emergencies. If AFS is found to be in non-compliance with the terms and conditions of this Agreement, AFS must modify its installation to achieve compliance. ACS will notify AFS in writing two (2) days in advance of ACS initiated inspections, except in the case of emergencies, and AFS shall have the right to be present at the time of the inspection. 4.3.3 In the event that an emergency or agency request necessitates an inspection, ACS will, as soon as reasonably possible after the emergency or agency inspection request, notify AFS of the emergency or agency inspection request and the nature of the emergency or agency request. AFS shall have the right to be present at the time the outside agency inspection takes place. ACS will, where practical, inform AFS by telephone of any emergency-related activity that ACS or its subcontractors may be performing in the collocation space. 4.3.3.1 AFS shall provide a written logbook for ACS’ employees or contractors to sign when they enter AFS’ caged collocation space. 4.3.4 With ACS’ prior written consent, AFS shall be permitted to use a portion of the ACS premises, central office and loading areas, if available, on a temporary basis during AFS’ equipment installation work in the collocation space. An AFS representative must sign for all equipment deliveries requiring signatures of receipts. No ACS employee will accept delivery of AFS’ equipment. AFS is responsible for protecting ACS’ equipment, walls, and flooring within the staging area and along the staging route. AFS will meet all ACS fire, safety and environmental requirements. All temporary staging areas will be vacated and delivered to ACS in a broom-clean condition upon completion of the installation work. ACS may assess a cleaning charge for failure to comply with this obligation. 4.3.5 AFS’ employees, agents and/or contractors may only work on, modify, or have access to AFS’ equipment or facilities. 4.3.6 ACS shall provide AFS with the escalation process (names, telephone numbers, and the escalation order) for any disputes or problems that might arise pursuant to AFS’ collocation.

Construction and Scheduling. 4.3.1 4.2.4.1 Before beginning delivery, installation, replacement or removal work for equipment and/or facilities located within the collocation space, AFS XXXXX 0 must obtain ACS’ -ANC’s written approval of AFS’ LEVEL 3’s proposed scheduling of the work in order to coordinate use of temporary staging areas, freight elevators, and other building facilities. ACS ACS-ANC may request additional information before granting approval and may require scheduling changes; however, approval will not be unreasonably withheld. 4.3.2 ACS 4.2.4.2 ACS-ANC has the right to inspect AFS’ LEVEL 3’s completed installation of equipment and facilities occupying a collocation space and associated building entrance facilities. ACS ACS-ANC also may make subsequent and periodic inspections of the AFS’ LEVEL 3’s equipment and facilities. These subsequent periodic inspections will be made no more than once per month, except when they are required by public safety, fire or insurance agencies or in cases of emergencies. If AFS LEVEL 3 is found to be in non-compliance with the terms and conditions of this Agreement, AFS LEVEL 3 must modify its installation to achieve compliance. ACS ACS-ANC will notify AFS LEVEL 3 in writing two (2) days in advance of ACS ACS-ANC initiated inspections, except in the case of emergencies, and AFS LEVEL 3 shall have the right to be present at the time of the inspection. 4.3.3 4.2.4.3 In the event that an emergency or agency request necessitates an inspection, ACS ACS-ANC will, as soon as reasonably possible after the emergency or agency inspection request, notify AFS XXXXX 0 of the emergency or agency inspection request and the nature of the emergency or agency request. AFS LEVEL 3 shall have the right to be present at the time the outside agency inspection takes place. ACS ACS-ANC will, where practical, inform AFS XXXXX 0 by telephone of any emergency-related activity that ACS ACS-ANC or its subcontractors may be performing in the collocation space. 4.3.3.1 AFS 4.2.4.4 LEVEL 3 shall provide a written logbook for ACS’ -ANC’s employees or contractors to sign when they enter AFS’ caged entering LEVEL 3’s physical collocation space. 4.3.4 With ACS’ prior written consent, AFS shall be permitted to use a portion of the ACS premises, central office and loading areas, if available, on a temporary basis during AFS’ equipment installation work in the collocation space. An AFS representative must sign for all equipment deliveries requiring signatures of receipts. No ACS employee will accept delivery of AFS’ equipment. AFS is responsible for protecting ACS’ equipment, walls, and flooring within the staging area and along the staging route. AFS will meet all ACS fire, safety and environmental requirements. All temporary staging areas will be vacated and delivered to ACS in a broom-clean condition upon completion of the installation work. ACS may assess a cleaning charge for failure to comply with this obligation. 4.3.5 AFS’ employees, agents and/or contractors may only work on, modify, or have access to AFS’ equipment or facilities. 4.3.6 ACS shall provide AFS with the escalation process (names, telephone numbers, and the escalation order) for any disputes or problems that might arise pursuant to AFS’ collocation.