Common use of Delivery of Physical Collocation Space Clause in Contracts

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 include costs for such items as asbestos removal, fire suppression system or containment, modifications or expansion of cable entry facility, increasing the DC power system infrastructure capacity, increasing the capacity of the standby AC system or the existing commercial power facility, conversion of non-Collocation space, compliance with federal and state requirements, or other modifications required by local ordinances. CBT will charge for these costs on a time-sensitive or time-and-materials basis. An estimate of such costs, as determined in accordance with the Act, will be provided to CLEC prior to commencing such work. 12.12.4.6 CLEC shall acknowledge acceptance of CBT’s written proposal, including applicable charges, by signing it and returning a copy to CBT within seven (7) calendar days after receipt. CLEC's written verification shall be accompanied by CLEC’s payment of forty percent (40%) of all applicable COBO Charges (the “Initial COBO Payment”). This seven (7) calendar day deadline must be met in order for the collocation space to be delivered in the time frame shown in Section 12.12.5, below. If CLEC fails to meet this deadline, the provisioning interval will begin on the date the CLEC provides the signed proposal and 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. Upon receipt of CLEC's signed proposal and initial COBO payment, CBT will begin the work and charge CLEC for the actual time and material needed to complete the modifications, plus a reasonable contribution to CBT’s common costs. In no case will actual charges exceed those estimated by more than ten percent (10%). Delayed payment of the Initial COBO Payment may delay the actual service date. Material changes (e.g., increase in floor space or additional equipment added) to the request may require additional application(s) by CLEC and additional response(s) prepared by CBT. Such material changes shall toll the interval for construction while the additional response is being prepared. 12.12.4.7 So long as CLEC has a satisfactory credit rating with CBT for the twelve (12)-month period preceding the date of CLEC's request for Collocation, CLEC shall pay the COBO charges as follows: Initial COBO Payment: 40% of COBO charges Delivery by CBT of confirmation that construction of space is fifty percent (50%) complete: 40% of COBO charges Completion of space conditioning: 20% of COBO charges If CLEC's credit rating is not satisfactory within the aforementioned period, CLEC's method of payment of the COBO charges shall be in accordance with the provisions of CBT's applicable tariff.

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, within ten (10) Business Days after CBT’s receipt of CLEC’s firm order. CBT shall, within ten (10) Business Days after the such 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 requestrequest as a result of the coordination meeting outcome, 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 The Collocation Space completion time period 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 include costs for such items as asbestos removal, fire suppression system or containment, modifications or expansion of cable entry facility, increasing the DC power system infrastructure capacity, increasing the capacity of the standby AC system or the existing commercial power facility, conversion of non-Collocation space, compliance with federal and state requirements, or other modifications required by local ordinances. CBT will charge for these costs on a time-sensitive or time-and-materials basis. An estimate of such costs, as determined in accordance with the Act, turn over date will be provided to CLEC prior to commencing such work. 12.12.4.6 CLEC shall acknowledge acceptance of CBT’s written proposal, including applicable charges, by signing it and returning a copy to CBT within seven (7) calendar days after receiptduring the joint planning meeting or as soon as possible thereafter. CLEC's written verification shall be accompanied by CLEC’s payment of forty percent (40%) of all applicable COBO Charges (the “Initial COBO Payment”). This seven (7) calendar day deadline must be met in order for the collocation space to be delivered in the The Collocation Space completion time frame shown in Section 12.12.5, below. If CLEC fails to meet this deadline, the provisioning interval will begin on the date the CLEC provides the signed proposal period and the Initial COBO Payment. COBO modifications Turn Over date must comply and additions to space described in the proposal will not begin until the Initial COBO Payment has been paid. Upon receipt of CLEC's signed proposal and initial COBO payment, CBT will begin the work and charge CLEC for the actual time and material needed to complete the modifications, plus a reasonable contribution to CBT’s common costs. In no case will actual charges exceed those estimated by more than ten percent (10%). Delayed payment of the Initial COBO Payment may delay the actual service date. Material changes (e.g., increase in floor space or additional equipment added) to the request may require additional application(s) by CLEC and additional response(s) prepared by CBT. Such material changes shall toll the interval for construction while the additional response is being prepared. 12.12.4.7 So long as CLEC has a satisfactory credit rating with CBT for the twelve (12)-month period preceding the date of CLEC's request for Collocation, CLEC shall pay the COBO charges as follows: Initial COBO Payment: 40% of COBO charges Delivery by CBT of confirmation that construction of space is fifty percent (50%) complete: 40% of COBO charges Completion of space conditioning: 20% of COBO charges If CLEC's credit rating is not satisfactory within the aforementioned period, CLEC's method of payment of the COBO charges shall be in accordance consistent with the provisions of CBT's applicable tariffintervals set forth in this agreement.

Delivery of Physical Collocation Space. 12.12.4.1 If space for Physical Collocation is immediately available at the time of CLECSprint's request, CBT shall include in its notice to CLEC Sprint (i) the space to be provided and (ii) when CBT can deliver the space to CLECSprint. 12.12.4.2 Upon receiving the written notification of the availability of Collocation space from CBT, CLEC Sprint shall send written verification whether it still requires each Collocation space requested on CLECSprint's application for which space is available. This written verification is CLECSprint's firm order for service for each Collocation space requested. 12.12.4.3 CBT and CLEC Sprint shall have a joint planning meeting (which may be held by telephone) and, at CLECSprint’s option, an initial walkthrough of such space, within ten (10) Business Days after CBT’s receipt of CLECSprint’s firm order. CBT shall, within ten (10) Business Days after the such joint planning meeting and/or initial walkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of CLEC Sprint 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 Sprint materially modifies its requestrequest as a result of the coordination meeting outcome, such modifications must be submitted to CBT in writing and a firm order date reestablished. 12.12.4.3.2 The Collocation Space completion time period and the turn over date will be provided to Sprint during the joint planning meeting or as soon as possible thereafter. The Collocation Space completion time period and the Turn Over date must comply and be consistent with the intervals set forth in this agreement. 12.12.4.3.3 CBT will complete all design work following the joint planning meeting. If CBT needs to reevaluate CLECSprint's application as a result of changes requested by CLEC Sprint to CLECSprint's original application, then CBT will charge CLEC Sprint a fee based upon the additional engineering hours required to do the reassessment. Any material Major changes such as requesting additional space or adding additional equipment may require CLEC Sprint to resubmit the application with an application fee. 12.12.4.4 After Within ten (10) Business Days after the joint planning meeting and/or initial walkthrough, CBT shall provide to CLEC Sprint a written proposal that covers CLECSprint's requirements for the space and details the associated requirements and the applicable charges required to meet CLECSprint's specific request and the expected service date. 12.12.4.5 CLEC Sprint 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 CLECSprint's equipment, and for extraordinary costs to maintain the Collocation space for CLECSprint's equipment on a going-forward basis. Extraordinary costs may include costs for such items as asbestos removal, fire suppression system or containment, modifications or expansion of cable entry facility, increasing the DC power system infrastructure capacity, increasing the capacity of the standby AC system or the existing commercial power facility, conversion of non-Collocation space, compliance with federal and state requirements, or other modifications required by local ordinances. CBT will charge for these costs on a time-sensitive or time-and-materials basis. An estimate of such costs, as determined in accordance with the Act, will be provided to CLEC prior to commencing such workSprint. 12.12.4.6 CLEC Sprint shall acknowledge acceptance of CBT’s the charges in the written proposal, including applicable charges, proposal by signing it and returning a copy to CBT within seven (7) calendar days after receiptCBT. CLECSprint's written verification shall be accompanied by CLECSprint’s payment of forty percent (40%) of all applicable COBO Charges (the “Initial COBO Payment”). This seven (7) calendar day deadline must be met in order for the collocation space to be delivered in the time frame shown in Section 12.12.5, below. If CLEC fails to meet this deadline, the provisioning interval will begin on the date the CLEC provides the signed proposal and 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. Upon receipt of CLECSprint's signed proposal and initial COBO payment, CBT will begin the work and charge CLEC Sprint for the actual time and material needed to complete the modifications, plus a reasonable contribution to CBT’s common costs. .. In no case will actual charges exceed those estimated by more than ten percent (10%). Delayed payment of the Initial COBO Payment may delay the actual service date. Material changes (e.g., increase in floor space or additional equipment added) to the request may require additional application(s) by CLEC Sprint and additional response(s) prepared by CBT. Such material changes shall toll the interval for construction while the additional response is being prepared. 12.12.4.7 So long as CLEC Sprint has a satisfactory credit rating with CBT for the twelve (12)-month period preceding the date of CLECSprint's request for Collocation, CLEC Sprint shall pay the COBO charges as follows: Initial COBO Payment: 40% of COBO charges Delivery by CBT of confirmation that construction of space is fifty percent (50%) complete: 40% of COBO charges Completion of space conditioning: 20% of COBO charges If CLECSprint's credit rating is not satisfactory within the aforementioned period, CLECSprint's method of payment of the COBO charges shall be in accordance with the provisions of CBT's applicable tariff.

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 include costs for such items as asbestos removal, fire suppression system or containment, modifications or expansion of cable entry facility, increasing the DC power system infrastructure capacity, increasing the capacity of the standby AC system or the existing commercial power facility, conversion of non-Collocation space, compliance with federal and state requirements, or other modifications required by local ordinances. CBT will charge for these costs on a time-sensitive or time-and-materials basis. An estimate of such costs, as determined in accordance with the Act, will be provided to CLEC prior to commencing such work. 12.12.4.6 CLEC shall acknowledge acceptance of CBT’s written proposal, including applicable charges, by signing it and returning a copy to CBT within seven (7) calendar days after receipt. CLEC's written verification shall be accompanied by CLEC’s payment of forty percent (40%) of all applicable COBO Charges (the “Initial COBO Payment”). This seven (7) calendar day deadline must be met in order for the collocation space to be delivered in the time frame shown in Section 12.12.5, below. If CLEC fails to meet this deadline, the provisioning interval will begin on the date the CLEC provides the signed proposal and 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. Upon receipt of CLEC's signed proposal and initial COBO payment, CBT will begin the work and charge CLEC for the actual time and material needed to complete the modifications, plus a reasonable contribution to CBT’s common costs. In no case will actual charges exceed those estimated by more than ten percent (10%). Delayed payment of the Initial COBO Payment may delay the actual service date. Material changes (e.g., increase in floor space or additional equipment added) to the request may require additional application(s) by CLEC and additional response(s) prepared by CBT. Such material changes shall toll the interval for construction while the additional response is being prepared. 12.12.4.7 So long as CLEC has a satisfactory credit rating with CBT for the twelve (12)-month period preceding the date of CLEC's request for Collocation, CLEC shall pay the COBO charges as follows: Initial COBO Payment: 40% of COBO charges Delivery by CBT of confirmation that construction of space is fifty percent (50%) complete: 40% of COBO charges Completion of space conditioning: 20% of COBO charges If CLEC's credit rating is not satisfactory within the aforementioned period, CLEC's method of payment of the COBO charges shall be in accordance with the provisions of CBT's applicable tariff.

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 include costs for such items as asbestos removal, fire suppression system or containment, modifications or expansion of cable entry facility, increasing the DC power system infrastructure capacity, increasing the capacity of the standby AC system or the existing commercial power facility, conversion of non-Collocation space, compliance with federal and state requirements, or other modifications required by local ordinances. CBT will charge for these costs on a time-sensitive or time-time- and-materials basis. An estimate of such costs, as determined in accordance with the Act, will be provided to CLEC prior to commencing such work. 12.12.4.6 CLEC shall acknowledge acceptance of CBT’s written proposal, including applicable charges, by signing it and returning a copy to CBT within seven (7) calendar days after receipt. CLEC's written verification shall be accompanied by CLEC’s payment of forty percent (40%) of all applicable COBO Charges (the “Initial COBO Payment”). This seven (7) calendar day deadline must be met in order for the collocation space to be delivered in the time frame shown in Section 12.12.5, below. If CLEC fails to meet this deadline, the provisioning interval will begin on the date the CLEC provides the signed proposal and 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. Upon receipt of CLEC's signed proposal and initial COBO payment, CBT will begin the work and charge CLEC for the actual time and material needed to complete the modifications, plus a reasonable contribution to CBT’s common costs. In no case will actual charges exceed those estimated by more than ten percent (10%). Delayed payment of the Initial COBO Payment may delay the actual service date. Material changes (e.g., increase in floor space or additional equipment added) to the request may require additional application(s) by CLEC and additional response(s) prepared by CBT. Such material changes shall toll the interval for construction while the additional response is being prepared. 12.12.4.7 So long as CLEC has a satisfactory credit rating with CBT for the twelve (12)-month period preceding the date of CLEC's request for Collocation, CLEC shall pay the COBO charges as follows: Initial COBO Payment: 40% of COBO charges Delivery by CBT of confirmation that construction of space is fifty percent (50%) complete: 40% of COBO charges Completion of space conditioning: 20% of COBO charges If CLEC's credit rating is not satisfactory within the aforementioned period, CLEC's method of payment of the COBO charges shall be in accordance with the provisions of CBT's applicable tariff.