Common use of Denial of Application Clause in Contracts

Denial of Application. If BellSouth notifies ALEC Inc., that no space is available (“Denial of Application”), BellSouth will not assess an Application Fee. After notifying ALEC Inc., that BellSouth has no available space in the requested Remote Site Location, BellSouth will allow ALEC Inc.,, upon request, to tour the Remote Site Location within ten (10) calendar days of such Denial of Application. With the exception of Georgia, this interval excludes national holidays. In order to schedule said tour within ten (10) calendar days, the request for a tour of the Remote Site Location must be received by BellSouth within five (5) calendar days of the Denial of Application. In Mississippi the above intervals shall be in business days.