Delivery of Physical Collocation Space Sample Clauses

Delivery of Physical Collocation Space. 12.12.4.1 If space for Physical Collocation is immediately available at the time of CLEC's request, CBT shall include in its notice to CLEC (i) the space to be provided and (ii) when CBT can deliver the space to CLEC. 12.12.4.2 Upon receiving the written notification of the availability of Collocation space from CBT, CLEC shall send written verification whether it still requires each Collocation space requested on CLEC's application for which space is available. This written verification is CLEC's firm order for service for each Collocation space requested. 12.12.4.3 CBT and CLEC shall have a joint planning meeting (which may be held by telephone) and, at CLEC’s option, an initial walkthrough of such space, after CBT’s receipt of CLEC’s firm order. CBT shall, after the joint planning meeting and/or initial walkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of CLEC that will be billed as extraordinary expenses and provide for a parallel installation sequence. At such meeting, the Parties will agree to the design of the collocation space and the equipment configuration requirements. 12.12.4.3.1 In the event CLEC materially modifies its request, such modifications must be submitted to CBT in writing and a firm order date reestablished. 12.12.4.3.2 CBT will complete all design work following the joint planning meeting. If CBT needs to reevaluate CLEC's application as a result of changes requested by CLEC to CLEC's original application, then CBT will charge CLEC a fee based upon the additional engineering hours required to do the reassessment. Any material changes such as requesting additional space or adding additional equipment may require CLEC to resubmit the application with an application fee. 12.12.4.4 After the joint planning meeting and/or initial walkthrough, CBT shall provide to CLEC a written proposal that covers CLEC's requirements for the space and details the associated requirements and the applicable charges required to meet CLEC's specific request and the expected service date. 12.12.4.5 CLEC will be responsible for a pro-rata share of any Central Office Buildout Costs and extraordinary costs (collectively “COBO Charges”), as determined in accordance with the Act, incurred by CBT to prepare the Collocation space for the installation of CLEC's equipment, and for extraordinary costs to maintain the Collocation space for CLEC's equipment on a going-forward basis. Extraordinary costs may i...
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Delivery of Physical Collocation Space. Upon receiving the written notification of the availability of Collocation space from SBC- AMERITECH, CLEC shall send written verification that it still requires each Collocation space requested on CLEC's application for which space is available. This written notification is CLEC's firm order for service for each Collocation space requested. CLEC's written notification shall be accompanied by CLEC's payment of fifty percent (50%) of all applicable Central Office Build Out (“COBO”) fees (the “Initial COBO Payment”), and all non-recurring and applicable recurring charges. Delayed payment of the Initial COBO Payment or other applicable charges may delay the actual service date.
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Delivery of Physical Collocation Space. If space for Physical Collocation is immediately available at the time of CLEC's request, CBT shall include in its notice to CLEC (i) the space to be provided and (ii) when CBT can deliver the space to CLEC.
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Delivery of Physical Collocation Space. 1.1 Upon receiving the written notification of the availability of Collocation space from SBC- AMERITECH, CLEC shall send written verification that it still requires each Collocation space requested on CLEC's application for which space is available. This written notification is CLEC's firm order for service for each Collocation space requested. CLEC's written notification shall be accompanied by CLEC's payment of fifty percent (50%) of all applicable Central Office Build Out (“COBO”) fees (the “Initial COBO Payment”), and all non-recurring and applicable recurring charges. Delayed payment of the Initial COBO Payment or other applicable charges may delay the actual service date. 1.2 So long as CLEC has a satisfactory credit rating with SBC-AMERITECH for the twelve (12) month period preceding the date of CLEC's request for Collocation pursuant to Section 12.12, CLEC shall pay the COBO charges as follows: Initial COBO Payment: 50% of COBO charges Upon completion of space conditioning 50% of COBO charges and before turnover: If CLEC's credit rating is not satisfactory within the aforementioned period, CLEC shall pay the COBO charges in accordance with the provisions of SBC-AMERITECH's applicable tariff. 1.3 CLEC will begin paying for the space on Occupancy Date by CLEC if the space is ready (pursuant to the original collocation application) prior to the Committed Delivery Date or on the actual delivery date if such date is after the committed due date.
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Delivery of Physical Collocation Space. 12.12.4.1 If space for Physical Collocation is immediately available at the time of CLEC's request, CBT shall include in its notice to CLEC (i) the space to be provided and (ii) when CBT can deliver the space to CLEC. 12.12.4.2 Upon receiving the written notification of the availability of Collocation space from CBT, CLEC shall send written verification whether it still requires each Collocation space requested on CLEC's application for which space is available. This written verification is CLEC's firm order for service for each Collocation space requested. 12.12.4.3 CBT and CLEC shall have a joint planning meeting (which may be held by telephone) and, at CLEC’s option, an initial walkthrough of such space, after CBT’s receipt of CLEC’s firm order. CBT shall, after thejoint planning meeting and/or initial walkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of CLEC that will be billed as extraordinary expenses and provide for a parallel installation sequence. At such meeting, the Parties will agree to the design of the collocation space and the equipment configuration requirements. 12.12.4.3.1 In the event CLEC materially modifies its request, such modifications must be submitted to CBT in writing and a firm order date reestablished.
Sample 1
Delivery of Physical Collocation Space. Upon receiving the written notification of the availability of Collocation space from Ameritech, Focal shall send written verification that it still requires each Collocation space requested on Focal's application for which space is available. This written notification is Focal's firm order for service for each Collocation space requested. Subject to SECTION 1.3 below, Focal's ----------- written notification shall be accompanied by Focal's payment of forty percent (40%) of all applicable Central Office Build Out ("COBO") fees (the "INITIAL COBO PAYMENT"). COBO modifications and additions to space described in the proposal will not begin until the Initial COBO Payment has been paid. Delayed payment of the Initial COBO Payment may delay the actual service date.
Sample 1
Delivery of Physical Collocation Space. Upon receiving the written notification of the availability of Collocation space from Ameritech, shall send written verification that it still requires each Collocation space requested on application for which space is available. This written notification is TCG’s order for service for each Collocation space requested. Subject to Section 1.3 below, written notification shall be accompanied by payment of forty percent (40%) of all applicable Central Build Out (the “Initial Payment”). modifications and additions to space described in the proposal will not begin until the Initial Payment has been paid. Delayed payment of the Initial Payment may delay the actual service date. 1.2 So long as has a satisfactory credit rating with Ameritech for the twelve (12) month period preceding the date of TCG’s request for Collocation pursuant to Section 12.12, shall pay the charges as follows: Initial Payment: 40% of Delivery by Ameritech of that construction of space is fifty percent (50%) complete: 40% of charges Completion of space conditioning: 20% of charges 1.3 If TCG’s credit rating is not satisfactory within the aforementioned period, TCG shall pay the charges in accordance with the provisions of Ameritech’s applicable tariff.
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Delivery of Physical Collocation Space. 12.10.4.1 If space for Physical Collocation is immediately available at the time of SBCT's request, CBT shall include in its notice to SBCT (i) the space to be provided and (ii) when CBT can deliver the space to SBCT. 12.10.4.2 Upon receiving the written notification of the availability of Collocation Space from CBT, SBCT shall send written verification whether it still requires each Collocation Space requested on SBCT's application for which space is available. This written verification is SBCT's firm order for service for each Collocation Space requested. 12.10.4.3 CBT and SBCT shall have a joint planning meeting (which may be held by telephone) and, at SBCT’s option, an initial walkthrough of such space after CBT’s receipt of SBCT’s firm order. CBT shall after the joint planning meeting and/or initial walkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of SBCT that will be billed as extraordinary expenses and provide for a parallel installation sequence. CBT will contract for and perform all required construction using the same or consistent practices that are used by CBT for other construction and preparation work performed in the Premises. At the joint planning meeting, the Parties will agree to the design of the Collocation Space and the equipment configuration requirements. 12.10.4.3.1 In the event SBCT materially modifies its request, such modifications must be submitted to CBT in writing and a firm order date reestablished.
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Delivery of Physical Collocation Space. Upon receiving the written notification of the availability of Collocation space from Ameritech, 21/st/ Century shall send written verification that it still requires each Collocation space requested on 21/st/ Century's application for which space is available. This written verification is 21/st/ Century's firm order for service for each Collocation space requested. Subject to Section 1.2 below, 21/st/ ----------- Century's written verification shall be accompanied by 21/st/ Century's payment of forty percent (40%) of all applicable Central Office Build-Out ("COBO") fees (the "Initial COBO Payment"). COBO modifications and additions to space described in the proposal will not begin until the Initial COBO Payment has been paid. Delayed payment of the Initial COBO Payment may delay the actual service date.
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Related to Delivery of Physical Collocation Space

  • Delivery of Premises If the Landlord shall be unable to give possession of the Premises, exclusively the Suite 200 Premises and the Suite 246 Premises, on the Fourth Expansion Premises Commencement Date by reason of (i) the Landlord work is not substantially complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Base Rent to be paid herein shall not commence until the Premises (exclusively the Suite 200 Premises and the Suite 246 Premises) are made available to Tenant by Landlord, and no such failure to give possession on the Fourth Expansion Premises Commencement Date shall affect the validity of this Sixth Amendment to Office Building Lease or the obligations of the Tenant hereunder. The Base Rents due hereunder will be adjusted at the time that any or all of the Fourth Expansion Premises are delivered to Tenant substantially complete to reflect the same underlying effective rent of the rent structure specific to each suite with the lease expiration dates to remain unchanged. Notwithstanding the foregoing, if the Fourth Expansion Premises Commencement Date for the Suite 200 Premises together with the Suite 246 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the Sixth Amendment to Office Building Lease without any liability to the Landlord. Separately, if the Fourth Expansion Premises Commencement Date-Suite 240 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date-Suite 240 Premises, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease for the Suite 240 Premises not delivered in said time frame without any liability to the Landlord. If Landlord’s failure to complete Tenant’s improvements within ninety (90) days after the Fourth Expansion Premises Commencement Date and/or Fourth Expansion Premises Commencement Date-Suite 240 Premises is result of Tenant Delay, Tenant shall not have the option to terminate the Sixth Amendment to Office Building Lease or the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease.

  • Delivery of the Premises When Landlord’s Work is Substantially Complete, subject to the remaining terms and provisions of this Section 3(e), Tenant shall accept the Premises. Tenant’s taking possession and acceptance of the Premises shall not constitute a waiver of: (i) any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), (ii) any non-compliance of Landlord’s Work with applicable Legal Requirements, or (iii) any claim that Landlord’s Work was not completed substantially in accordance with the TI Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if the applicable contractor, despite Landlord’s reasonable efforts, fails to remedy such Construction Defect within such 30-day period, in which case Landlord shall have no further obligation with respect to such Construction Defect other than to cooperate, at no cost to Landlord, with Tenant should Tenant elect to pursue a claim against such contractor. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne solely out of the TI Fund. Landlord shall promptly undertake and complete, or cause to be completed, all punch list items.

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date in the Tenant Improvement Work Readiness Condition for construction by Tenant of the Tenant Improvements (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 120 days of the Target Commencement Date for any reason other than Force Majeure delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Tenant Improvements” and “Tenant Improvement Work Readiness Condition” shall have the meanings set forth for such terms in the work letter at here to as Exhibit C (the “Work Letter”). If neither Landlord nor Tenant elects to void this Lease within 10 business days of the lapse of such 120 day period (as may be extended by Force Majeure delays), such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Notwithstanding the foregoing, Landlord and Tenant agree that if any Governmental Authority having jurisdiction of the Project, as a result of the COVID-19 outbreak in the United States declares or implements any order or mandate that restricts construction activities in San Diego county (any such order or mandate, a “Government Mandate”), then, to the extent such Government Mandate precludes construction of the Core & Shell (as defined in the Work Letter), the Target Commencement Date shall be delayed 1 day for each day that such a Government Mandate remains in effect and continues to preclude such construction of the Core & Shell. 3115 Xxxxxxxxxx/Erasca - Page 3 The “Commencement Date” shall be date that Landlord Delivers the Premises to Tenant in Tenant Improvement Work Readiness Condition. The “Rent Commencement Date” shall be the date that is 180 days after the Commencement Date (which is anticipated to be February 1, 2022, based on the Target Commencement Date of August 1, 2021); provided, however, that the Rent Commencement Date shall be delayed 1 day for each day after the Commencement Date that a Government Mandate that restricts construction activities in San Diego county is in effect to the extent that such Government Mandate precludes such construction of the Tenant Improvements. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease. Except as set forth in the Work Letter: (i) Tenant shall accept the Premises in their condition as of the Commencement Date; (ii) Landlord shall have no obligation for any defects in the Premises; and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Any occupancy of the Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, excluding the obligation to pay Base Rent and Operating Expenses. Notwithstanding the foregoing, for the period of 365 consecutive days after the Commencement Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to Building Systems (as defined in Section 13), serving the Premises unless Tenant or any Tenant Party was responsible for the cause of such repair or Tenant was responsible for the construction of such Building Systems as part of the Tenant Improvements, in which case Tenant shall pay the cost. In addition, Tenant shall be entitled to the benefit of any warranties issued to Landlord in connection with the Core & Shell for the terms of such warranties to the extent affecting the Premises. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein.

  • Delivery of Equipment (a) We will try to deliver Equipment to you on the delivery date (Delivery Date) and at the address (Site) indicated on your Application during normal business hours in that area. (b) Variations at your request to Delivery Date or Site: (i) are at our discretion; and (ii) may be subject to conditions, including extra Charges.

  • NON-DELIVERY OF POSSESSION In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall xxxxx until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

  • Delivery of Possession Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

  • Delivery of the Property The Fund will deliver or arrange for delivery to PFPC Trust, all the Property owned by the Portfolios, including cash received as a result of the distribution of Shares, during the term of this Agreement. PFPC Trust will not be responsible for any assets until actual receipt.

  • Access to the Premises Except as provided by local ordinance, after a good faith effort to give notice, the Lessor, its agents or employees shall have access at all reasonable hours to the leased premises for the purpose of examining or exhibiting the premises to prospective buyers or prospective residents, or for making alterations or repairs on the premises which the Lessor deems necessary. Lessor shall have access at all reasonable hours to perform Lessee requested repairs, unless indicated to the contrary by Lessee. In the event of an emergency, Lessor, its agents or employees shall have immediate access without notice.

  • Maintenance Repairs Utility Installations Trade Fixtures and Alterations (a) Section 8.1(a) is amended in its entirety to read as follows: Subject to the provisions of Sections 8.2, 10, and 15, Tenant shall, at Tenant's sole cost and expense and at all times, keep the Building Complex and every part thereof in good order, condition and repair (whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Building Complex), including, without limiting the generality of the foregoing, plumbing, electrical lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections, fixtures, interior walls, exterior walls, roof, ceilings, floors, windows, doors, plate glass, and skylights, parking areas and lighting, driveways, sidewalks, landscaping, irrigation systems, and subject to Section 8.1(b) below, heating, air conditioning and ventilating systems, but excluding any items which are the responsibility of Landlord pursuant to Section 8.2 below. Tenant, in keeping the Building Complex in good order, condition and repair, shall exercise and perform good maintenance practices, including, without limitation, providing janitorial services to the Building Complex substantially equivalent to those attached hereto as Exhibit I and, snow, ice and trash removal service. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Building Complex and all improvements thereon or a part thereof in good order, condition and state of repair. (b) Section 8.1(b) is amended in its entirety to read as follows: Tenant shall procure and pay the cost of a contract for maintenance of the heating, air conditioning and ventilating systems for the Building Complex with a reputable contractor licensed in the State of Colorado and reasonably satisfactory to Landlord. (c) Section 8.1(c) is amended to replace, in both places where it is used, the word "Premises" with the words "Building Complex" and to add the words "including, without limitation, the Premises," before the words "after twenty". (d) Section 8.2 is amended in its entirety to read as follows:

  • Delivery of Software 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license key for the relevant End User. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Distributor can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing. 2. After acceptance of an order, SAP will deliver to Distributor one copy of the relevant Software: a) on discs or other data media (“Physical Shipment”); or b) by making it available for downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”). 3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Distributor: a) in case of Physical Shipment, when the relevant disc or other data media thereof is handed over to the freight carrier (FCA - Free Carrier (named place of delivery), Incoterms 2010); or b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for downloading and has informed Distributor accordingly, (“Delivery”). 4. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant Open Ecosystem Partner instead (“Open Ecosystem Partner Delivery”). In case of Open Ecosystem Partner Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the Open Ecosystem Partner. 5. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the End User. 6. SAP might be entitled to suspend the delivery of the Software, Maintenance Services, applicable license key or both to Distributor, Open Ecosystem Partner or End User or both as further set out in this Sell On Premise Distribution Model as well as the Distribution GTCS. 7. If Distributor receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Distributor must distribute that newest copy provided and either destroy or upon SAP’s request return previous copies. 8. Distributor must not make the Software, Documentation and/or other SAP Materials available to the Open Ecosystem Partner or End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Distributor’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.

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