Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives. (b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest System, subject to applicable contractual, underlying real property and other third-party limitations and restrictions. (c) In performing its services hereunder, Service Provider shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest System. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder. (d) Service Provider shall notify Service Recipient at least ten (10) business days prior to the date in connection with any PSWP of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider shall notify Service Recipient at Service Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity.
Appears in 2 contracts
Samples: Iru Agreement (Qwest Communications International Inc), Iru Agreement (Qwest Communications International Inc)
Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest System, subject to applicable contractual, underlying real property and other third-party limitations and restrictions.
(c) In performing its services hereunder, Service Provider Grantor shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest Grantor System. The precautions to be taken by Service Provider Grantor shall include notifications to Service RecipientGrantee. In addition, Service Provider Grantor shall reasonably cooperate with Service Recipient Grantee in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service RecipientGrantee, then Service Recipient Grantee shall, at Service Provider's Grantor’s reasonable request, make such personnel of Service Recipient Grantee available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider Grantor in performing such maintenance as required of Service Provider Grantor hereunder.
(d) Service Provider . • Grantor shall notify Service Recipient Grantee at least ten fourteen (1014) business days prior to the date in connection with any PSWP Planned Service Work Period (“PSWP”) of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient Grantee shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's Grantor’s ability to perform its obligations under this the Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider Grantor shall notify Service Recipient Grantee at Service Provider's Grantor’s earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity.
Appears in 1 contract
Samples: Cost Sharing and Iru Agreement (Savvis Communications Corp)
Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of action on exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest SystemProvider System Route, subject to applicable contractual, underlying real property and other third-party limitations and restrictions.
(c) In performing its services hereunder, Service Provider shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest SystemProvider System Route. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder.
(d) Service Provider shall notify Service Recipient at least ten three (103) business days prior to the date in connection with any PSWP Maintenance Window (MW) of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider shall notify Service Recipient at Service Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activitythis Section.
Appears in 1 contract
Samples: Iru Agreement
Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest System, subject to applicable contractual, underlying real property and other third-party limitations and restrictions.
(c) o In performing its services hereunder, Service Provider Level 3 shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest SystemCustomer Fibers. The precautions to be taken by Service Provider Level 3 shall include notifications to Service RecipientCustomer. In addition, Service Provider Level 3 shall reasonably cooperate with Service Recipient Customer in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service RecipientCustomer, then Service Recipient Customer shall, at Service ProviderLevel 3's reasonable request, make such personnel of Service Recipient Customer available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider Level 3 in performing such maintenance as required of Service Provider hereunder.
(d) Service Provider Xxxxx 0 xxxxxxxxx. x Xxxxx 0 shall notify Service Recipient Customer at least ten seven (107) business calendar days prior to the date in connection with any PSWP Planned Service Work Period ("PSWP") of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient Customer shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service ProviderLevel 3's ability to perform its obligations under this the Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider Level 3 shall notify Service Recipient Customer at Service ProviderLevel 3's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity. Cable/Fibers o Level 3 shall have its first maintenance personnel at the site requiring Emergency Unscheduled Maintenance activity within four (4) hours after the time Level 3 becomes aware of an event requiring Emergency Unscheduled Maintenance, unless delayed by Force Majeure Events. Level 3 shall maintain a toll-free telephone number to contact personnel at the OC. Level 3's OC personnel shall dispatch maintenance and repair personnel along the system to handle and repair problems detected in the Level 3 System: (i) through the Customer's remote surveillance equipment and/or upon notification by Customer to Level 3, or (ii) upon notification by a third party. o Level 3 shall maintain sufficient capability to teleconference with Customer during Emergency Unscheduled Maintenance in order to provide regular communications during the repair process. When correcting or repairing cable discontinuity or damage, including but not limited to in the event of Emergency Unscheduled Maintenance, Level 3 shall use reasonable efforts to repair traffic-affecting discontinuity within four (4) hours after Level 3's representatives arrival at the problem site. In order to accomplish such objective, it is acknowledged that the repairs so affected may be temporary in nature. In such event, within twenty-four (24) hours after completion of any such Emergency Unscheduled Maintenance, Level 3 shall commence its planning for permanent repair, and thereafter promptly shall notify Customer of such plans, and shall implement such permanent repair within an appropriate time thereafter. Restoration of open fibers on fiber strands not immediately required for service shall be completed on a mutually agreed-upon schedule. If the fiber is required for immediate service, the repair shall be scheduled for the next available PSWP. o Level 3's representatives that are responsible for initial restoration of a cut cable shall carry on their vehicles the typically appropriate equipment that would enable a temporary splice, with the objective of restoring operating capability in as little time as possible. Level 3 shall maintain and supply an inventory of spare cable in storage facilities supplied and maintained by Level 3 at strategic locations to facilitate timely restoration.
Appears in 1 contract
Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest System, subject to applicable contractual, underlying real property and other third-party limitations and restrictions.
(c) In performing its services hereunder, Service Provider the City or its contractors shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest SystemCustomer Facilities. The precautions to be taken by Service Provider the City shall include notifications to Service RecipientCustomer. In addition, Service Provider the City shall reasonably cooperate with Service Recipient Customer in planning the work, sharing information and analyzing the disturbances regarding the cable and/or fiberssituation. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll by the Customer or reconfiguration involving cable, fiberCustomer Facilities, electronic equipment, or regeneration or other facilities of the Service RecipientCustomer, then Service Recipient Customer shall, at Service Provider's the City’s reasonable request, make such personnel of Service Recipient Customer available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider the City in performing such maintenance.
(a) The City shall maintain sufficient capability to teleconference with Customer during an Emergency Unscheduled Maintenance in order to provide regular communications during the restoration process.
(b) During restoration, the parties agree to work together to restore all facilities as quickly as possible. The City, promptly upon arriving on the site of the damage, shall determine the course of action to be taken to restore the Conduit and shall begin restoration efforts.
(c) When repairing conduit damage, including but not limited to, an event of Emergency Unscheduled Maintenance, the City shall use Reasonable Efforts to repair service-affecting discontinuity in the Conduit within eight (8) hours after the City’s maintenance as required employee’s or contractors arrival at the problem site. In order to accomplish such objective, it is acknowledged that the repairs so effected may be temporary in nature. In such event, within forty-eight (48) hours after completion of Service Provider hereunderany such temporary Emergency Unscheduled Maintenance, the City shall commence its planning for permanent repair, and thereafter shall promptly notify Customer of such plans, and shall implement such permanent repair within an appropriate time thereafter.
(d) Service Provider In performing permanent repairs, the City shall notify Service Recipient at least ten (10) business days prior to the date in connection with any PSWP of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider shall notify Service Recipient at Service Provider's earliest opportunity, and will use Reasonable Efforts comply with the provisions of the previous sentence industry standards and specifications. The City shall provide to reschedule Customer any delayed activity.modifications
Appears in 1 contract
Samples: Indefeasible Right to Use Contract
Cooperation and Coordination. (a) Service Recipient and Service Provider shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient Provider will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest System, subject to applicable contractual, underlying real property and other third-third party limitations and restrictions.
(c) In performing its services hereunder, Service Provider shall take workmanlike care to prevent impairment to the signal continuity and NOTE: CERTAIN MATERIAL HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE SEC. NOTATIONS OF [ * * * ] HAVE BEEN USED TO INDICATE SUCH AN OMISSION. performance of the Qwest System. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder.
(d) Service Provider shall notify Service Recipient at least ten (10) business days prior to the date in connection with any PSWP of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider shall notify Service Recipient at Service Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity.
Appears in 1 contract
Samples: Agreement (Pathnet Inc)
Cooperation and Coordination. (a) Service Recipient SERVICE RECIPIENT shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient SERVICE RECIPIENT will, as necessary, arrange for unescorted access for Service Provider to all leased Fiber sites of in the Qwest SystemSystem Route, subject to applicable contractual, underlying real property and other third-party limitations and restrictions.
(c) In performing its services hereunder, Service Provider shall take workmanlike reasonable care to prevent impairment to the signal continuity and performance of the Qwest Systemleased Fibers. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder.
(d) Service Provider shall notify Service Recipient at least ten (10) business days prior to the date in connection with any PSWP of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider shall notify Service Recipient at Service [*] Indicates confidential treatment requested. EXECUTION COPY Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity.
Appears in 1 contract
Samples: Dark Fiber Lease Agreement (Cogent Communications Group Inc)
Cooperation and Coordination. (a) Service Recipient NEXTLINK shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider NFN in meeting maintenance service objectives.
(b) Service Recipient . NEXTLINK will, as necessary, arrange for unescorted escorted access for Service Provider NFN to all sites of the Qwest SystemLeased Fibers, subject to applicable contractual, contractual underlying real property and other third-party limitations and restrictions.
(c) . In performing its services hereunder, Service Provider NFN shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest SystemLeased Fibers. The precautions to be taken by Service Provider NFN shall include notifications notification to Service RecipientNEXTLINK. In addition, Service Provider NFN shall reasonably cooperate with Service Recipient NEXTLINK in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, equipment or regeneration or other facilities of the Service RecipientNEXTLINK, then Service Recipient NEXTLINK shall, at Service ProviderNFN's reasonable request, make such personnel of Service Recipient NEXTLINK available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider NFN in performing such maintenance as required of Service Provider NFN hereunder.
(d) Service Provider . NFN shall use its best efforts to notify Service Recipient NEXTLINK at least ten (10) [five] business days prior to the date in connection with any PSWP of any Scheduled Maintenance on any NEXTLINK Extensions and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient NEXTLINK shall have the right to be present during the performance of any Scheduled Maintenance on any NEXTLINK Extensions or Unscheduled Maintenance so long as this requirement does not interfere with Service ProviderNFN's ability to perform its obligations under this Agreement. In the event even that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider NFN shall notify Service Recipient NEXTLINK at Service ProviderNFN's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity.
Appears in 1 contract
Samples: Fiber Optic Use Agreement (Metromedia Fiber Network Inc)
Cooperation and Coordination. (a) Service Recipient NEXTLINK shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider MFN in meeting maintenance service objectives.
(b) Service Recipient . NEXTLINK will, as necessary, arrange for unescorted escorted access for Service Provider MFN to all sites of the Qwest SystemNEXTLINK Fibers, subject to applicable contractual, contractual underlying real property and other third-party limitations and restrictions.
(c) . In performing its services hereunder, Service Provider MFN shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest SystemNEXTLINK Fibers. The precautions to be taken by Service Provider MFN shall include notifications notification to Service RecipientNEXTLINK. In addition, Service Provider MFN shall reasonably cooperate with Service Recipient NEXTLINK in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service RecipientNEXTLINK, then Service Recipient NEXTLINK shall, at Service ProviderMFN's reasonable request, make such personnel of Service Recipient NEXTLINK available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider MFN in performing such maintenance as required of Service Provider MFN hereunder.
(d) Service Provider . MFN shall use its best efforts to notify Service Recipient NEXTLINK at least ten (10) five business days prior to the date in connection with any PSWP of any Scheduled Maintenance on any NEXTLINK Fibers and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient NEXTLINK shall have the right to be present during the performance of any Scheduled Maintenance on any NEXTLINK Fibers or Unscheduled Maintenance so long as this requirement does not interfere with Service ProviderMFN's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider MFN shall notify Service Recipient NEXTLINK at Service ProviderMFN's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity.
Appears in 1 contract
Samples: Fiber Lease and Innerduct Use Agreement (Metromedia Fiber Network Inc)
Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of action on exceptions noted in the performance of Service Provider in meeting maintenance service objectives.
(b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Qwest System, subject to applicable contractual, underlying real property and other third-party limitations and restrictions.
(c) In performing its services hereunder, Service Provider shall take workmanlike care to prevent impairment to the signal continuity and performance of the Qwest System. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder.
(d) Service Provider shall notify Service Recipient at least ten three (103) business days prior to the date in connection with any PSWP Maintenance Window (MW) of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Agreement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider shall notify Service Recipient at Service Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activitythis Section.
Appears in 1 contract
Samples: Agreement for Sale of Conduit (North American Datacom Inc)