Common use of Equipment Removal Clause in Contracts

Equipment Removal. A. If, at any time, BellSouth reasonably determines that any of Winstar’s facilities or equipment or the installation of Winstar’s facilities or equipment does not meet the requirements outlined in this Agreement, Winstar will be responsible for the costs associated with the removal of such facilities or equipment or modification of the facilities or equipment or installation thereof to render it complaint. The removal of equipment must be done by a BellSouth Certified Vendor unless the Parties agree that another certified vendor can be used. If Winstar fails to correct any non-compliance with these standards or fails to demonstrate that the equipment is compliant within fifteen (15) days’ written notice to Winstar, BellSouth may have the facilities or equipment removed or the condition correct at Winstar’s expense. Removal of Microwave Collocation equipment shall be as specified in paragraph 9B below. B. Except where otherwise agreed to by the Parties, Winstar may terminate occupancy in a particular Collocation Space upon thirty (30) business days prior written notice to BellSouth. Upon termination of such occupancy, Winstar at its expense shall remove its equipment and other property from the Collocation Space. Winstar shall have thirty (30) business days from the termination date to complete such removal, provided, however, that Winstar shall continue payment of monthly fees to BellSouth until such date as Winstar has fully vacated the Collocation Space. Should Winstar fail to vacate the Collocation Space within thirty (30) business days from the termination date, BellSouth shall have the right to remove the equipment and other property of Winstar at Winstar’s expense and with no liability for damage or injury to Winstar ’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon expiration of this Agreement with respect to a Collocation Space, Winstar shall surrender such Collocation Space to BellSouth in the same condition as when first occupied by the Winstar except for ordinary wear and tear unless otherwise agreed to by the Parties.

Equipment Removal. A. If, at any time, BellSouth reasonably determines that any of WinstarCLEC-1’s facilities or equipment or the installation of WinstarCLEC-1’s facilities or equipment does not meet the requirements outlined in this Agreement, Winstar CLEC-1 will be responsible for the costs associated with the removal of such facilities or equipment or modification of the facilities or equipment or installation thereof to render it complaint. The removal of equipment must be done by a BellSouth Certified Vendor unless the Parties agree that another certified vendor can be used. If Winstar CLEC-1 fails to correct any non-compliance with these standards or fails to demonstrate that the equipment is compliant within fifteen (15) days’ written notice to WinstarCLEC-1, BellSouth may have the facilities or equipment removed or the condition correct at WinstarCLEC-1’s expense. Removal of Microwave Collocation equipment shall be as specified in paragraph 9B below. B. Except where otherwise agreed to by the Parties, Winstar CLEC-1 may terminate occupancy in a particular Collocation Space upon thirty (30) business calendar days prior written notice to BellSouth. Upon termination of such occupancy, Winstar CLEC-1 at its expense shall remove its equipment and other property from the Collocation Space. Winstar CLEC-1 shall have thirty (30) business calendar days from the termination date to complete such removal, provided, however, that Winstar CLEC-1 shall continue payment of monthly fees to BellSouth until such date as Winstar CLEC-1 has fully vacated the Collocation Space. Should Winstar CLEC-1 fail to vacate the Collocation Space within thirty (30) business calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of Winstar CLEC-1 at WinstarCLEC-1’s expense and with no liability for damage or injury to Winstar CLEC-1 ’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon expiration of this Agreement with respect to a Collocation Space, Winstar CLEC-1 shall surrender such Collocation Space to BellSouth in the same condition as when first occupied by the Winstar CLEC-1 except for ordinary wear and tear unless otherwise agreed to by the Parties.

Equipment Removal. A. If, at any time, BellSouth reasonably determines that any of WinstarWinStar’s facilities or equipment or the installation of WinstarWinStar’s facilities or equipment does not meet the requirements outlined in this AgreementAttachment, Winstar WinStar will be responsible for the costs associated with the removal of such facilities or equipment or modification of the facilities or equipment or installation thereof to render it complaint. The removal of equipment must be done by a BellSouth Certified Vendor unless the Parties agree that another certified vendor can be used. If Winstar WinStar fails to correct any non-compliance with these standards or fails to demonstrate that the equipment is compliant within fifteen (15) days’ written notice to WinstarWinStar, BellSouth may have the facilities or equipment removed or the condition correct at WinstarWinStar’s expense. Removal of Microwave Collocation equipment shall be as specified in paragraph 9B below. B. Except where otherwise agreed to by the Parties, Winstar WinStar may terminate occupancy in a particular Collocation Space upon thirty (30) business calendar days prior written notice to BellSouth. Upon termination of such occupancy, Winstar WinStar at its expense shall remove its equipment and other property from the Collocation Space. Winstar WinStar shall have thirty (30) business calendar days from the termination date to complete such removal, provided, however, that Winstar WinStar shall continue payment of monthly fees to BellSouth until such date as Winstar WinStar has fully vacated the Collocation Space. Should Winstar WinStar fail to vacate the Collocation Space within thirty (30) business calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of Winstar WinStar at WinstarWinStar’s expense and with no liability for damage or injury to Winstar WinStar ’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon expiration of this Agreement with respect to a Collocation Space, Winstar WinStar shall surrender such Collocation Space to BellSouth in the same condition as when first occupied by the Winstar WinStar except for ordinary wear and tear unless otherwise agreed to by the Parties.

Equipment Removal. A. If, at any time, BellSouth reasonably determines that any of WinstarTeligent’s facilities or equipment or the installation of WinstarTeligent’s facilities or equipment does not meet the requirements outlined in this Agreement, Winstar Teligent will be responsible for the costs associated with the removal of such facilities or equipment or modification of the facilities or equipment or installation thereof to render it complaint. The removal of equipment must be done by a BellSouth Certified Vendor unless the Parties agree that another certified vendor can be used. If Winstar Teligent fails to correct any non-compliance with these standards or fails to demonstrate that the equipment is compliant within fifteen (15) days’ written notice to WinstarTeligent, BellSouth may have the facilities or equipment removed or the condition correct at WinstarTeligent’s expense. Removal of Microwave Collocation equipment shall be as specified in paragraph 9B below. B. Except where otherwise agreed to by the Parties, Winstar Teligent may terminate occupancy in a particular Collocation Space upon thirty (30) business days prior written notice to BellSouth. Upon termination of such occupancy, Winstar Teligent at its expense shall remove its equipment and other property from the Collocation Space. Winstar Teligent shall have thirty (30) business days from the termination date to complete such removal, provided, however, that Winstar Teligent shall continue payment of monthly fees to BellSouth until such date as Winstar Teligent has fully vacated the Collocation Space. Should Winstar Teligent fail to vacate the Collocation Space within thirty (30) business days from the termination date, BellSouth shall have the right to remove the equipment and other property of Winstar Teligent at WinstarTeligent’s expense and with no liability for damage or injury to Winstar Teligent ’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon expiration of this Agreement with respect to a Collocation Space, Winstar Teligent shall surrender such Collocation Space to BellSouth in the same condition as when first occupied by the Winstar Teligent except for ordinary wear and tear unless otherwise agreed to by the Parties.