Common use of Destruction of Collocation Space Clause in Contracts

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,'s permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practical, ALEC Inc., may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,'s permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,'s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,WebShoppe’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,WebShoppe's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,WebShoppe, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., WebShoppe may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,WebShoppe's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,WebShoppe. Where allowed and where practical, ALEC Inc., WebShoppe may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., WebShoppe shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,WebShoppe's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,WebShoppe's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., WebShoppe has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., WebShoppe shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,CLEC-1’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,CLEC- 1's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,CLEC-1, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., CLEC- 1 may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,CLEC-1's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,CLEC-1. Where allowed and where practical, ALEC Inc., CLEC-1 may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., CLEC-1 shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,CLEC-1's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,CLEC-1's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., CLEC-1 has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc., CLEC-1 shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, hurricane, tornado, flood or by similar causes force majeure circumstances to such an extent as to be rendered wholly unsuitable for ALEC Inc.,ACCESS Integrated’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,ACCESS Integrated's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,ACCESS Integrated, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., ACCESS Integrated may, at its own expense, accelerate the rebuild of its collocated space Collocation Space and equipment provided however provided, however, that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,ACCESS Integrated's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,at ACCESS Integrated’s expense. Where allowed and where practical, ALEC Inc., ACCESS Integrated may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., ACCESS Integrated shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,ACCESS Integrated's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,ACCESS Integrated's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., ACCESS Integrated has placed an Adjacent Arrangement pursuant to Section 33.4 above, ALEC Inc., ACCESS Integrated shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes force majeure circumstances to such an extent as to be Version 2Q04: 08/18/04 rendered wholly unsuitable for ALEC Inc.,PTLLC’s permitted use hereunder, then either Party may elect within ten (10) business calendar days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,PTLLC's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,PTLLC, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., PTLLC may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,PTLLC's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,PTLLC. Where allowed and where practical, ALEC Inc., PTLLC may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., PTLLC shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,PTLLC's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,PTLLC's equipment installed therein (but in no event later than thirty (30) business calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., PTLLC has placed an Adjacent Arrangement pursuant to Section 33.4, ALEC Inc., PTLLC shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.. Version 2Q04: 08/18/04

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, hurricane, tornado, flood or by similar causes force majeure circumstances to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Neutral Tandem’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,'s Neutral Tandem’s permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Neutral Tandem, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Neutral Tandem may, at its own expense, accelerate the rebuild of its collocated space Collocation Space and equipment provided however provided, however, that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s Neutral Tandem’s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,at Neutral Tandem’s expense. Where allowed and where practical, ALEC Inc., Neutral Tandem may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Neutral Tandem shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,'s Neutral Tandem’s permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,'s Neutral Tandem’s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Neutral Tandem has placed an Adjacent Arrangement pursuant to Section 33.4 above, ALEC Inc., Neutral Tandem shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Interconnector’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Interconnector's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Interconnector, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., Interconnector may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Interconnector shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Interconnector's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Interconnector's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 14.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes Acts of God or force majeure circumstances beyond a Party’s reasonable control to such an extent as to be rendered wholly unsuitable for ALEC Inc.,TelCove’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,TelCove's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,TelCove, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., TelCove may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,TelCove's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,TelCove. Where allowed and where practical, ALEC Inc., TelCove may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., TelCove shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,TelCove's permitted use, until such Collocation Space and access to necessary power is fully repaired and restored and ALEC Inc.,TelCove's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.thirty

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,DukeNet’s permitted use hereunder, then either Party may elect within ten (10) business calendar days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,DukeNet's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,DukeNet, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., DukeNet may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,DukeNet's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,DukeNet. Where allowed and where practical, ALEC Inc., DukeNet may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., DukeNet shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,DukeNet's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,DukeNet's equipment installed therein (but in no event later than thirty (30) business calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., DukeNet has placed an Adjacent Arrangement pursuant to Section 33.4, ALEC Inc., DukeNet shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.. Version 1Q03: 02/28/03

Destruction of Collocation Space. 13.1 10.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC ALEC, Inc.,’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC ALEC, Inc.,'s permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC ALEC, Inc.,, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc.ALEC, Inc. may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC ALEC, Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. ALEC, Inc.. Where allowed and where practical, ALEC Inc.ALEC, Inc. may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc.ALEC, Inc. shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC ALEC, Inc.,'s permitted use, until such Collocation Space is fully repaired and restored and ALEC ALEC, Inc.,'s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.restored).‌‌

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Maxcess’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,'s Maxcess’s permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Maxcess, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Maxcess may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s Maxcess’s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,Maxcess. Where allowed and where practical, ALEC Inc., Maxcess may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Maxcess shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,'s Maxcess’s permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,'s Maxcess’s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Maxcess has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., Maxcess shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Powertel’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Powertel's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Powertel, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Powertel may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,Powertel's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,Powertel. Where allowed and where practical, ALEC Inc., Powertel may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Powertel shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Powertel's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Powertel's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Powertel has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc., Powertel shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 15.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,’s CLEC's permitted use hereunder, then either Party may elect within ten (10) business days Business Days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,CLEC's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth ILEC covenants and agrees to proceed promptly without expense to ALEC Inc.,CLEC, except for improvements not the property of BellSouthILEC, to repair the damage. BellSouth ILEC shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouthILEC, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate ILEC will restore collocation space within the rebuild of its collocated space same timeframe and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth make it available to CLEC as it 26 Bluffton-TSLC Interconnection Agreement CollocatiAonttachment makesfacilityspaceavailablefor itsownuse.CLECmay,atitsown expensea,cceleratteherebuildof itscollocatedspaceandequipment providedhowevetrhatanILECCertifiedContractoirs usedandthe necessarsypacepreparatiohnasbeencompletedR. ebuildofequipment mustbeperformedby aILEC Certified Vendor. If ALEC Inc.,CLEC's acceleration of the project increases the cost of the project, then those additional charges will xxxx be incurred by ALEC Inc.,CLEC. Where allowed and where practical, ALEC Inc., CLEC may erect a temporary facility while BellSouth ILEC rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., CLEC shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,CLEC's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,CLEC's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.thirty

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC NOS Communications, Inc.,’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC NOS Communications, Inc.,'s permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC NOS Communications, Inc.,, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc.NOS Communications, Inc. may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC NOS Communications, Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. NOS Communications, Inc.. Where allowed and where practical, ALEC Inc.NOS Communications, Inc. may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc.NOS Communications, Inc. shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC NOS Communications, Inc.,'s permitted use, until such Collocation Space is fully repaired and restored and ALEC NOS Communications, Inc.,'s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc.NOS Communications, Inc. has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc.NOS Communications, Inc. shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Xxxxxxxx’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Xxxxxxxx's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Xxxxxxxx, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Adelphia may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,Xxxxxxxx's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,Xxxxxxxx. Where allowed and where practical, ALEC Inc., Xxxxxxxx may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Adelphia shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Xxxxxxxx's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Adelphia's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Xxxxxxxx has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., Adelphia shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Satcom’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Satcom's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Satcom, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of XxxxXxxxx, ALEC Inc., Satcom may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Satcom shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Satcom's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Satcom's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,’s Interconnector's permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Amendment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor armor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Interconnector's permitted use, or -------------------------------------------------------------------------------- (9/29/97) Page 12 BellSouth Telecommunications, Inc. & DeltaCom, Inc. -------------------------------------------------------------------------------- is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Interconnector, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., Interconnector may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Interconnector shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Interconnector's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Interconnector's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,COMPASS’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,COMPASS's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,COMPASS, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., COMPASS may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,COMPASS's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,COMPASS. Where allowed and where practical, ALEC Inc., COMPASS may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., COMPASS shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,COMPASS's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,COMPASS's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., COMPASS has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., COMPASS shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 8.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,BellSouth’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,BellSouth's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth ITC^DeltaCom covenants and agrees to proceed promptly without expense to ALEC Inc.,BellSouth, except for improvements not the property of BellSouthITC^DeltaCom, to repair the damage. BellSouth shall ITC^DeltaCom shall, at parity with repairs made to their own space, have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouthITC^DeltaCom, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., BellSouth may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth ITC^DeltaCom Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,BellSouth's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,BellSouth. Where allowed and where practical, ALEC Inc., BellSouth may erect a temporary facility while BellSouth ITC^DeltaCom rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., BellSouth shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,BellSouth's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,BellSouth's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., BellSouth has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., BellSouth shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth ITC^DeltaCom will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,CLEC- 1’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,CLEC-1's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,CLEC-1, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., CLEC-1 may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,CLEC-1's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,CLEC-1. Where allowed and where practical, ALEC Inc., CLEC-1 may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., CLEC-1 shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,CLEC-1's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,CLEC-1's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., CLEC-1 has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., CLEC-1 shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,OptiLink’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,OptiLink's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,OptiLink, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., OptiLink may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,OptiLink's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,OptiLink. Where allowed and where practical, ALEC Inc., OptiLink may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., OptiLink shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,OptiLink's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,OptiLink's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., OptiLink has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., OptiLink shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Dakota’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Dakota's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Dakota, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of XxxxXxxxx, ALEC Inc., Xxxxxx may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Dakota shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Dakota's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Dakota's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Network Telephone’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Network Telephone's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Network Telephone, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., Network Telephone may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Network Telephone shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Network Telephone's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Network Telephone's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Level 3’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Level 3's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Xxxxx 0, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of XxxxXxxxx, ALEC Inc., Xxxxx 0 may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Level 3 shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Level 3's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Level 3's equipment installed therein (but in no event later than thirty (30) business calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,’s Pathnet's permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Pathnet's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Pathnet, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Pathnet may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,Pathnet's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,Pathnet. Where allowed and where practical, ALEC Inc., Pathnet may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Pathnet shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Pathnet's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Pathnet's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Pathnet has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., Pathnet shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,DeltaCom’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,'s DeltaCom’s permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,DeltaCom, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall shall, at parity with repairs made to their own space, have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., DeltaCom may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s DeltaCom’s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,DeltaCom. Where allowed and where practical, ALEC Inc., DeltaCom may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., DeltaCom shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,'s DeltaCom’s permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,'s DeltaCom’s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., DeltaCom has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., DeltaCom shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.. Attachment 4-Central Office

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,WinStar’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,WinStar's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,WinStar, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., WinStar may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,WinStar's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,WinStar. Where allowed and where practical, ALEC Inc., WinStar may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., WinStar shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,WinStar's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,WinStar's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., WinStar has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc., WinStar shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Dakota’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Dakota's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Dakota, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., Dakota may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Dakota shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Dakota's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Dakota's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 10.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC ALEC, Inc.,’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC ALEC, Inc.,'s permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC ALEC, Inc.,, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc.ALEC, Inc. may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC ALEC, Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. XXXX, Inc.. Where allowed and where practical, ALEC Inc.ALEC, Inc. may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc.ALEC, Inc. shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC ALEC, Inc.,'s permitted use, until such Collocation Space is fully repaired and restored and ALEC ALEC, Inc.,'s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.restored).‌‌

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Xxxxxxxx.xxx’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Xxxxxxxx.xxx's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Xxxxxxxx.xxx, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Xxxxxxxx.xxx may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,Xxxxxxxx.xxx's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,Xxxxxxxx.xxx. Where allowed and where practical, ALEC Inc., Xxxxxxxx.xxx may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Xxxxxxxx.xxx shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Xxxxxxxx.xxx's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Xxxxxxxx.xxx's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Xxxxxxxx.xxx has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc., Xxxxxxxx.xxx shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,KMC Telecom’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,KMC Telecom's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,KMC Telecom, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., KMC Telecom may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,KMC Telecom's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,KMC Telecom. Where allowed and where practical, ALEC Inc., KMC Telecom may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., KMC Telecom shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,KMC Telecom's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,KMC Telecom's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., KMC Telecom has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc., KMC Telecom shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 10.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,BSIA’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,BSIA's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,BSIA, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., BSIA may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,BSIA's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,BSIA. Where allowed and where practical, ALEC Inc., BSIA may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., BSIA shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,BSIA's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,BSIA's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,MTS Communications’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,MTS Communications's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,MTS Communications, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., MTS Communications may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,MTS Communications's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,MTS Communications. Where allowed and where practical, ALEC Inc., MTS Communications may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., MTS Communications shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,MTS Communications's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,MTS Communications's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., MTS Communications has placed an Adjacent Arrangement pursuant to Section 33.5, ALEC Inc., MTS Communications shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, hurricane, tornado, flood or by similar causes force majeure circumstances to such an extent as to be rendered wholly unsuitable for ALEC Inc.,CLEC’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,'s CLEC’s permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth AT&T covenants and agrees to proceed promptly without expense to ALEC Inc.,CLEC, except for improvements not to the property of BellSouthAT&T, to repair the damage. BellSouth AT&T shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouthAT&T, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., CLEC may, at its own expense, accelerate the rebuild of its collocated space Collocation Space and equipment provided however provided, however, that a BellSouth an AT&T Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s CLEC’s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,at CLEC’s expense. Where allowed and where practical, ALEC Inc., CLEC may erect a temporary facility while BellSouth AT&T rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., CLEC shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,'s CLEC’s PAGE 38 OF 42 AT&T KENTUCKY/NEW TALK, INC. permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,'s CLEC’s equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., CLEC has placed an Adjacent Arrangement pursuant to Section 33.4 above, ALEC Inc., CLEC shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth AT&T will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,CTSI’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,CTSI's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,CTSI, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., CTSI may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,CTSI's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,CTSI. Where allowed and where practical, ALEC Inc., CTSI may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., CTSI shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,CTSI's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,CTSI's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., CTSI has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., CTSI shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,T-Mobile’s permitted use hereunder, then either Party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,T-Mobile's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,T-Mobile, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., T-Mobile may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,T-Mobile's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,T-Mobile. Where allowed and where practical, ALEC Inc., T-Mobile may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., T-Mobile shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,T- Mobile's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,T-Mobile's equipment installed therein (but in no event later than thirty (30) business calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., T- Mobile has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., T-Mobile shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,’s GulfPines’ permitted use hereunder, then either Party may elect within ten (10) business calendar days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,'s GulfPines’ permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,GulfPines, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time Version 2Q03: 07/21/03 within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., GulfPines may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s GulfPines’ acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,GulfPines. Where allowed and where practical, ALEC Inc., GulfPines may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., GulfPines shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,'s GulfPines’ permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,'s GulfPines’ equipment installed therein (but in no event later than thirty (30) business calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., GulfPines has placed an Adjacent Arrangement pursuant to Section 33.4, ALEC Inc., GulfPines shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,NATC’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,NATC's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,NATC, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., NATC may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., NATC shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,NATC's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,NATC's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., BellSouth shall have advise NATC promptly upon learning of any incident of damage affecting the sole responsibility to repair collocation space or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore any of NATC’s equipment in the associated services to the Adjacent Arrangementcollocation space.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Network Telephone’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Network Telephone's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Network Telephone, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., Network Telephone may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,Network Telephone's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,Network Telephone. Where allowed and where practical, ALEC Inc., Network Telephone may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Network Telephone shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Network Telephone's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Network Telephone's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., Network Telephone has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., Network Telephone shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,ALCALL’s permitted use hereunder, then either Party may elect within ten (10) business calendar days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,ALCALL's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,ALCALL, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., ALCALL may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,ALCALL's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,ALCALL. Where allowed and where practical, ALEC Inc., ALCALL may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., ALCALL shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,ALCALL's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,ALCALL's equipment installed therein (but in no event later than thirty (30) business Version 3Q03: 11/12/2003 calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., ALCALL has placed an Adjacent Arrangement pursuant to Section 33.4, ALEC Inc., ALCALL shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Utilicore’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Utilicore's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Utilicore, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., Utilicore may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Utilicore shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Utilicore's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Utilicore's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,Satcom’s permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Agreement, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,Satcom's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,Satcom, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,'s acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,. Where allowed and where practicalpractical in the sole judgment of BellSouth, ALEC Inc., Satcom may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., Satcom shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,Satcom's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,Satcom's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., has placed an Adjacent Arrangement pursuant to Section 3, ALEC Inc., shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 12.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,’s ITC/\DeltaCom's permitted use hereunder, then either Party party may elect within ten (10) business days after such damage, to terminate occupancy of the damaged Collocation Spacethis Attachment, and if either Party party shall so elect, by giving the other written notice of termination, both Parties parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,ITC/\DeltaCom's permitted use, or is damaged and the option to terminate is not exercised by either Partyparty, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,ITC/\DeltaCom, except for improvements not the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., ITC/\DeltaCom may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor certified vendor is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,ITC/\DeltaCom's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,ITC/\DeltaCom. Where allowed and where practical, ALEC Inc., ITC/\DeltaCom may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., ITC/\DeltaCom shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,ITC/\DeltaCom's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,ITC/\DeltaCom's equipment installed therein (but in no event later than thirty (30) business days after the Collocation Space is fully repaired and restored). Where ALEC Inc., ITC/\DeltaCom has placed an Adjacent Arrangement pursuant to Section 3section 3.4, ALEC Inc., ITC/\DeltaCom shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this section, BellSouth will restore the associated services to the Adjacent Arrangement.

Destruction of Collocation Space. 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an extent as to be rendered wholly unsuitable for ALEC Inc.,ALCALL’s permitted use hereunder, then either Party may elect within ten (10) business calendar days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for ALEC Inc.,ALCALL's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to ALEC Inc.,ALCALL, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. ALEC Inc., ALCALL may, at its own expense, accelerate the rebuild of its collocated space and equipment provided however that a BellSouth Certified Contractor Supplier is used and the necessary space preparation has been completed. Rebuild of equipment must be performed by a BellSouth Certified Vendor. If ALEC Inc.,XXXXXX's acceleration of the project increases the cost of the project, then those additional charges will be incurred by ALEC Inc.,ALCALL. Where allowed and where practical, ALEC Inc., ALCALL may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, ALEC Inc., ALCALL shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for ALEC Inc.,ALCALL's permitted use, until such Collocation Space is fully repaired and restored and ALEC Inc.,ALCALL's equipment installed therein (but in no event later than thirty (30) business Version 3Q03: 11/12/2003 calendar days after the Collocation Space is fully repaired and restored). Where ALEC Inc., ALCALL has placed an Adjacent Arrangement pursuant to Section 33.4, ALEC Inc., ALCALL shall have the sole responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this sectionSection, BellSouth will restore the associated services to the Adjacent Arrangement.