Common use of Cooperation in the Application Process Clause in Contracts

Cooperation in the Application Process. The orderly processing of Applications submitted by Attaching Party and other parties seeking access to AT&T’s Structure requires good faith cooperation and coordination between AT&T’s personnel and personnel acting on behalf of Attaching Party and other parties seeking access. The Parties therefore agree to the following procedures which shall remain in effect during the term of this Attachment unless earlier modified by mutual agreement of the Parties. 8.3.1 Before submitting a formal written Application for access to AT&T’s Structure, Attaching Party shall make a good faith determination that it actually plans to attach facilities to, or place facilities within, the Poles, Ducts, Conduits, or ROW specified in the Application. Applications shall not be submitted for the purpose of holding or reserving space which Attaching Party does not plan to use, or for the purpose of precluding AT&T or any other eligible entity from using such AT&T Structure. 8.3.2 No more than twenty (20) Manholes shall be the subject of any single Conduit Occupancy Permit Application. Although timelines for Estimates and Make-Ready Work in this Section 8 shall not apply to Conduit access requests, AT&T shall endeavor to process all Conduit occupancy requests, including any associated Make- Ready Work, as quickly as practical. 8.3.3 Each Application shall designate an employee as Attaching Party’s single point of contact for any and all purposes of that Application under this Section, including, but not limited to, processing Occupancy Permits and providing records and information. Attaching Party may at any time designate a new point of contact by giving written notice of such change while the Application is open. 8.3.4 All Applications, including those submitted by third parties, will be processed on a first-come, first-served basis. 8.3.5 When Attaching Party has multiple Applications on file with AT&T, Attaching Party may identify specific Application(s) to be prioritized. However, prioritizing any Application(s) will result in the tolling of the clock for all Applications submitted prior to the prioritized Application(s). Upon completion of the prioritized Application’s Survey and/or Make-Ready Work, the timeline will resume for the Applications submitted prior to the prioritized Application(s). 8.3.6 If Attaching Party desires to modify an Application in a manner that would alter the design after AT&T has acknowledged it as complete, AT&T may require, using its sole discretion, such Application be cancelled, and Attaching Party must submit a new updated Application. The new Application will consequently fall in line, as referenced in Section 8.3.4 above, based on the acknowledgement date of the new complete Application.

Appears in 1 contract

Samples: Amendment Between Bellsouth Telecommunications, LLC D/B/a At&t Louisiana and NTS Communications, LLC D/B/a Vexus Fiber

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Cooperation in the Application Process. The orderly processing of Applications submitted by Attaching Party and other parties seeking access to AT&T’s Structure submit requires good faith cooperation and coordination between AT&T’s personnel and personnel acting on behalf of Attaching Party and other parties seeking access. The Parties therefore agree to the following procedures which shall remain in effect during the term of this Attachment unless earlier modified by mutual agreement of the Partiesprocedures. 8.3.1 Before submitting a formal written Application for access to AT&T’s Structure, Attaching Party shall will make a good faith determination that it actually plans to will attach facilities to, in or place facilities within, the Poles, Ducts, Conduits, or ROW on AT&T’s Structure specified in the Application. Attaching Party must not submit Applications shall not be submitted for the purpose of holding or reserving space which Attaching Party does not plan to use, or for the purpose of precluding AT&T or any other eligible entity from using such AT&T AT&T’s Structure. 8.3.2 No more than twenty (20) 20 Manholes shall may be the subject of any single Conduit Occupancy Permit Application. Although timelines for Estimates and Make-Ready Work in this Section 8 shall do not apply to Conduit access requests, AT&T shall will endeavor to process all Conduit occupancy requests, including any associated Make- Make-Ready Work, as quickly as practical. 8.3.3 Each Application shall must designate an employee as Attaching Party’s single point of contact for any and all purposes of that Application under this Section, including, but not limited to, processing Occupancy Permits and providing records and information. Attaching Party may at any time designate a new point of contact by giving written notice of such change while the Application is open. 8.3.4 All Applications, including those submitted by third partiesOther Users, will be processed on a first-come, first-served basis. 8.3.5 When Attaching Party has multiple Applications on file with AT&T, Attaching Party may identify specific Application(s) to be prioritized. However, prioritizing any Application(s) will result in the tolling of the clock for all Applications submitted prior to the prioritized Application(s). Upon completion of the prioritized Application’s Survey and/or Make-Ready Work, the timeline will resume for the Applications submitted prior to the prioritized Application(s). 8.3.6 If Attaching Party desires to modify an Application in a manner that would alter the design after AT&T has acknowledged it as complete, AT&T may require, using its sole discretion, such Application be cancelled, and Attaching Party must submit a new new, updated Application. The new Application will consequently fall in line, as referenced in Section 8.3.4 above, based on the acknowledgement date of the new complete Application.

Appears in 1 contract

Samples: Telecommunications

Cooperation in the Application Process. The orderly processing of Applications submitted by Attaching Party and other parties seeking access to AT&T’s Structure requires good faith cooperation and coordination between AT&T’s personnel and personnel acting on behalf of Attaching Party and other parties seeking access. The Parties therefore agree to the following procedures which shall remain in effect during the term of this Attachment unless earlier modified by mutual agreement of the Parties. 8.3.1 Before submitting a formal written Application for access to AT&T’s Structure, Attaching Party shall make a good faith determination that it actually plans to attach facilities to, or place facilities within, the Poles, Ducts, Conduits, or ROW specified in the Application. Applications shall not be submitted for the purpose of holding or reserving space which Attaching Party does not plan to use, or for the purpose of precluding AT&T or any other eligible entity from using such AT&T Structure. 8.3.2 No more than twenty (20) Manholes shall be the subject of any single Conduit Occupancy Permit Application. Although timelines for Estimates and Make-Ready Work in this Section 8 shall not apply to Conduit access requests, AT&T shall endeavor to process all Conduit occupancy requests, including any associated Make- Ready Work, as quickly as practical. 8.3.3 Each Application shall designate an employee as Attaching Party’s single point of contact for any and all purposes of that Application under this Section, including, but not limited to, processing Occupancy Permits and providing records and information. Attaching Party may at any time designate a new point of contact by giving written notice of such change while the Application is open. 8.3.4 All Applications, including those submitted by third parties, will be processed on a first-come, first-served basis. 8.3.5 When Attaching Party has multiple Applications on file with AT&T, Attaching Party may identify specific Application(s) to be prioritized. However, prioritizing any Application(s) will result in the tolling of the clock for all Applications submitted prior to the prioritized Application(s). Upon completion of the prioritized Application’s Survey and/or Make-Ready Work, the timeline will resume for the Applications submitted prior to the prioritized Application(s). 8.3.6 If Attaching Party desires to modify an Application in a manner that would alter the design after AT&T has acknowledged it as complete, AT&T may require, using its sole discretion, such Application must be cancelled, and Attaching Party must submit a new updated Application. The new Application will consequently fall in line, as referenced in Section 8.3.4 above, based on the acknowledgement date of the new complete Application.

Appears in 1 contract

Samples: Clec Agreement

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Cooperation in the Application Process. The orderly processing of Applications submitted by Attaching Party and other parties seeking access to AT&T’s Structure poles, ducts, conduits, and rights-of-way requires good faith cooperation and coordination between AT&T’s personnel and personnel acting on behalf of Attaching Party and other parties seeking access. The Parties therefore agree to the following procedures which shall remain in effect during the term of this Attachment Agreement unless earlier modified by mutual agreement of the Parties. 8.3.1 18.3.1. Before submitting a formal written Application for access to AT&T’s Structurepoles, ducts, conduits, and rights-of-way, Attaching Party shall make a good faith determination that it actually plans to attach facilities to, to or place facilities withinwithin the poles, the Polesducts, Ducts, Conduitsconduits, or ROW rights-of-way specified in the Application. Applications shall not be submitted for the purpose of holding or reserving space which Attaching Party does not plan to use, use or for the purpose of precluding AT&T or any other eligible entity provider of telecommunications services from using such AT&T Structurepoles, ducts, conduits, or rights-of-way. 8.3.2 18.3.2. No more than twenty (20) Manholes manholes shall be the subject of any single Conduit Occupancy Permit conduit occupancy license Application. Although , and although timelines for Estimates and Make-Ready Work in this Section 8 18 shall not apply to Conduit conduit access requests, AT&T shall endeavor to process all Conduit conduit occupancy requests, up to and including any associated Make- Make-Ready Work, as quickly as practical. 8.3.3 18.3.3. Each Application shall designate an employee as Attaching Party’s single point of contact for any and all purposes of that Application under this Section, including, but not limited to, processing Occupancy Permits occupancy permits and providing records and information. Attaching Party may at any time designate a new point of contact by giving written notice of such change while the Application is open. 8.3.4 18.3.4. AT&T shall notify Attaching Party promptly upon discovering that an Application is incomplete or includes inaccuracies. 18.3.5. All Applications, including those submitted by third parties, will be processed on a first-come, first-first- served basis. 8.3.5 18.3.6. When Attaching Party has multiple Applications on file with AT&T, Attaching Party may identify specific Application(s) to be prioritized. Howeverdesignate, prioritizing any Application(s) will result in the tolling if desired, its priority of the clock for all Applications submitted prior to the prioritized Application(s). Upon completion of the prioritized Application’s Survey and/or Surveys and Make-Ready Work, the timeline will resume for the Applications submitted prior Work with respect to the prioritized Application(s)all such Applications. 8.3.6 If Attaching Party desires to modify an Application in a manner that would alter the design after AT&T has acknowledged it as complete, AT&T may require, using its sole discretion, such Application be cancelled, and Attaching Party must submit a new updated Application. The new Application will consequently fall in line, as referenced in Section 8.3.4 above, based on the acknowledgement date of the new complete Application.

Appears in 1 contract

Samples: Telecommunications

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