INSTALLATION AND ALTERATIONS. (a) Licensee shall not need to notify Licensor before entering the Equipment Space to perform minor maintenance items, such as adding/removing a cross connect, switching a card, rebooting or troubleshooting a piece of equipment, replacing a failed piece of equipment with an equivalent piece of equipment, or any other equipment affecting activity that does not materially affect the size, shape, weight, power usage, or emissions of a piece of equipment (“Minor Maintenance”). Other than these Minor Maintenance activities, however, Licensee shall notify Licensor before commencing any installation, addition, or alteration within or about each Facility or undertaking any installation, upgrade or modification to Licensee’s Equipment. Without the prior written approval of Licensor, which may be withheld in Licensor’s sole judgment, other than for Minor Maintenance Activities, Licensee shall not: (i) Undertake any installation, addition or alteration within or about each Facility and/or Equipment Space, and/or (ii) Undertake any activity that would in any way result in an increased cost to Licensor, or that might affect the use of each Facility or other equipment by Licensor or any other user of each Facility. (b) Whenever Licensor’s approval of work is required, Licensee shall deliver a written request to Licensor, and shall specify all of the following: (i) The names and addresses of each proposed contractor and subcontractor, (ii) A summary of the qualifications and experience of each contractor and subcontractor, (iii) Contractor insurance coverage in conformity with the standards, terms and conditions in Master Landlord’s and Licensor’s rules and otherwise consistent with the requirement of the Agreement, (iv) A description of the services to be performed via a Method of Procedure (MOP), and (v) The planned dates and times of such activities. Licensor shall have the right in its sole discretion to disapprove or require the removal of any contractor or subcontractor selected for work in each Facility. For avoidance of doubt, Licensee shall be responsible for all acts or omissions of its contractors or subcontractors while present in a Facility and any breach by any such contractor of the provisions of the Agreement or of this Supplement shall be deemed a breach by Licensee. All approvals by Licensor shall be valid only if given by Licensor’s Facilities Construction Department, Engineering Department, or their designated representative. If approval of any contractor or subcontractor is required by the terms of the Master Lease or any other agreement with Master Landlord or other party holding a superior interest in each Facility, Licensor shall also submit the written request to the Master Landlord and/or such other party for approval, and Licensee's Use of each Facility shall be subject to the Master Landlord's or other party’s approval as set forth in the underlying Master Lease or other agreement. (c) Licensee will give Licensor the above written notice, the names and addresses of the persons supplying labor and materials, and the certificates of insurance from each proposed contractor for the proposed work on a schedule as follows: (i) At least three (3) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any work other than major alterations, additions, improvements or installations, and (ii) At least five (5) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any major alterations, additions, improvements or installations. (d) All maintenance, installation, interconnection, addition, upgrade, modification or other alterations within each Facility shall: (i) comply with all manufacturers’ specifications; (ii) meet or exceed all industry quality assurance standards to which each of Licensee and Licensor are subject, including as applicable, but not limited to, those of NEBS, IEEE and Bellcore; and (iii) be performed in a good and workmanlike manner. (e) Licensee will obtain all required permits and licenses pertaining to the installation, operation, maintenance and repair of its Equipment at each Facility. (f) Licensee shall pay or cause to be paid all costs and charges: (i) For work done by Licensee or caused to be done by Licensee on or about each Facility, (ii) For all materials furnished for or in connection with such work; and (iii) For alterations or additions to each Facility or Equipment that requires Licensor to incur costs. (g) Licensee shall indemnify Licensor against and hold Licensor and each Facility and Licensor’s other property free and clear of and from all mechanics’ or materialman’s liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work done by or on behalf of Licensee. If any such lien is filed at any time against each Facility, or any part thereof, Licensee shall cause such lien to be discharged of record within ten (10) days after the filing thereof, except that if Licensee desires to contest such lien, it will furnish Licensor, within such ten-day period, security reasonably satisfactory to Licensor of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Licensee shall pay and satisfy the same without delay. If Licensee fails to pay any charge for which a mechanics’ lien has been filed, and has not given Licensor security as described above, Licensor may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, will be immediately due from Licensee to Licensor. Nothing contained in this License shall be deemed to constitute a consent or agreement of Licensor to subject any Facility or any of Licensor’s other property to liability under any mechanics,’ materialman’s or other lien law. If Licensee receives notice that a lien has been or is about to be filed against any Facility or any of Licensor’s other property, or any action affecting title to any Facility or any of Licensor’s other property has been commenced on account of work done by or on behalf of, or materials furnished to or for Licensee, it will immediately give Licensor notice of such filing. Licensor shall have the right to post notices of non-responsibility or similar notices on each Facility in order to protect each Facility against any such liens. (h) If any part of Licensee’s fiber, Interconnect Facilities or Equipment is not placed and maintained in accordance with the terms and conditions of this License and Licensee fails to correct the violation within fifteen (15) Business Days from receipt of written notice thereof from Licensor, then Licensor may, at its option, without further notice to Licensor, correct the deficiency at Licensee’s expense without liability for damages. As soon as practicable thereafter, Licensor shall advise Licensee in writing of the work performed or the action taken. Licensee shall reimburse Licensor for all expenses reasonably incurred by Licensor associated with any work or action performed by Licensor pursuant hereto plus an administrative fee of twenty percent (20%). Licensee shall remit payment to Licensor within thirty (30) days from its receipt of Licensor’s invoice therefore. (i) On not less than sixty (60) calendar days’ prior notice to Licensee, Licensor may request Licensee to relocate its equipment on or within each Facility or the Equipment Space. Following receipt of such notice, Licensee shall relocate Licensee’s equipment to the new location on or within each Facility or Equipment Space, as provided by Licensor. Licensor shall reimburse Licensee for all reasonable out-of-pocket costs incurred by Licensee in relocating its equipment pursuant to Licensor’s request.
Appears in 3 contracts
Samples: Product Supplement, Product Supplement, Product Supplement – Colocation
INSTALLATION AND ALTERATIONS. (a) Licensee shall not need to notify Licensor before entering the Equipment Space to perform minor maintenance items, such as adding/removing a cross connect, switching a card, rebooting or troubleshooting a piece of equipment, replacing a failed piece of equipment with an equivalent piece of equipment, or any other equipment affecting activity that does not materially affect the size, shape, weight, power usage, or emissions of a piece of equipment (“Minor Maintenance”). Other than these Minor Maintenance activities, however, Licensee shall notify Licensor before commencing any installation, additioninterconnection, addition or alteration within or about each Facility the Facility, or undertaking undertake any installation, upgrade or modification to Licensee’s Equipment's equipment. Without the prior written approval of Licensor, which may be withheld in Licensor’s sole judgment, other than for Minor Maintenance Activities, Licensee and shall not:
(i1) Undertake undertake any installation, interconnection, addition or alteration within or about each Facility and/or Equipment Spacethe Facility, and/or
or (ii2) Undertake undertake any activity that would in any way result in an increased cost to Licensor, or that might affect the use of each the Facility or other equipment by Licensor or any other user of each the Facility.
(b) . Whenever Licensor’s 's approval of work is required, Licensee shall deliver a written request to Licensor, and shall specify all of the followingspecifying:
(i1) The the names and addresses of each proposed contractor and subcontractor,
; (ii2) A a summary of the qualifications and experience of each contractor and subcontractor,
; (iii3) Contractor insurance coverage in conformity with the standards, terms and conditions in Master Landlord’s and Licensor’s rules and otherwise consistent with the requirement of the Agreement,
(iv) A a description of the services to be performed via a Method of Procedure performed; and (MOP), and
(v4) The the planned dates and times of such activities. Licensor shall have the right in its sole discretion to disapprove or require the removal of any contractor or subcontractor selected for work in each the Facility. For avoidance of doubt, Licensee shall be responsible for all acts or omissions of its contractors or subcontractors while present in a Facility and any breach by any All such contractor of the provisions of the Agreement or of this Supplement shall be deemed a breach by Licensee. All approvals by Licensor shall be valid only if given by Licensor’s Facilities Construction Department, Engineering Department, or their designated representativeQwest's Vice President of Operations. If approval of any contractor contractors or subcontractor subcontractors is required by the terms of the Master Lease or any other an agreement with Master Landlord a lessor or other party holding a superior interest in each the Facility, Licensor shall also submit the written request to the Master Landlord and/or such other party for approval, and Licensee's Use use of each Facility contractors shall be subject to the Master Landlordlandlord's or other party’s approval as set forth in the underlying Master Lease or other agreementlease.
(c) Licensee will give Licensor the above written notice, the names and addresses of the persons supplying labor and materials, and the certificates of insurance from each proposed contractor for the proposed work on a schedule as follows:
(i) At least three (3) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any work other than major alterations, additions, improvements or installations, and
(ii) At least five (5) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any major alterations, additions, improvements or installations.
(db) All maintenance, installation, interconnection, addition, upgrade, modification or other alterations alteration within each Facility shall: (i) the Facility, shall comply with all manufacturers’ ' specifications; (ii) , and shall meet or exceed all industry quality assurance standards to which each of Licensee and Licensor are subject, including as applicable, but not limited to, those of (e.g. NEBS, IEEE and IEEE, Bellcore; and (iii) be performed in a good and workmanlike manner).
(e) Licensee will obtain all required permits and licenses pertaining to the installation, operation, maintenance and repair of its Equipment at each Facility.
(fc) Licensee shall pay or cause to be paid all costs and charges:
(i1) For for work done by Licensee or caused to be done by Licensee on or about each the Facility,
; (ii2) For for all materials furnished for or in connection with such work; and
(iii3) For for alterations or additions to each the Facility or Equipment equipment that requires Licensor to incur costs; and (4) all other costs or expenses incurred by Licensor arising out of or related to that arise out of work done by or for the benefit of Licensee.
(gd) Licensee shall indemnify Licensor against and hold Licensor and each the Facility and Licensor’s other property free and clear of and from all mechanics’ or materialman’s ' liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work done by or on behalf of Licensee. If any such lien is filed at any time against each the Facility, or any part thereof, Licensee shall cause such lien to be discharged of record within ten (10) days after the filing thereof, except that if Licensee desires to contest such lien, it will furnish Licensor, within such ten-day period, security reasonably satisfactory to Licensor of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Licensee shall pay and satisfy the same without delay. If Licensee fails to pay any charge for which a mechanics’ ' lien has been filed, and has not given Licensor security as described above, Licensor may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ ' fees incurred in connection with such lien, will be immediately due from Licensee to Licensor. Nothing contained in this License shall be deemed to constitute a consent or agreement of Licensor to subject any the Facility or any of Licensor’s other property to liability under any mechanics,’ materialman’s ' or other lien law. If Licensee receives notice that a lien has been or is about to be filed against any Facility or any of Licensor’s other propertythe Facility, or any action affecting title to any the Facility or any of Licensor’s other property has been commenced on account of work done by or on behalf of, or materials furnished to or for Licensee, it will immediately give Licensor notice of such filingoccurrence. At least fifteen (15) days before commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements or installations) in or to the Facility or the Equipment Space by or for Licensee. Licensee will give Licensor notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Licensor shall have the right to post notices of non-responsibility nonresponsibility or similar notices on each the Facility in order to protect each the Facility against any such liens.
(h) If any part of Licensee’s fiber, Interconnect Facilities or Equipment is not placed and maintained in accordance with the terms and conditions of this License and Licensee fails to correct the violation within fifteen (15) Business Days from receipt of written notice thereof from Licensor, then Licensor may, at its option, without further notice to Licensor, correct the deficiency at Licensee’s expense without liability for damages. As soon as practicable thereafter, Licensor shall advise Licensee in writing of the work performed or the action taken. Licensee shall reimburse Licensor for all expenses reasonably incurred by Licensor associated with any work or action performed by Licensor pursuant hereto plus an administrative fee of twenty percent (20%). Licensee shall remit payment to Licensor within thirty (30) days from its receipt of Licensor’s invoice therefore.
(i) On not less than sixty (60) calendar days’ prior notice to Licensee, Licensor may request Licensee to relocate its equipment on or within each Facility or the Equipment Space. Following receipt of such notice, Licensee shall relocate Licensee’s equipment to the new location on or within each Facility or Equipment Space, as provided by Licensor. Licensor shall reimburse Licensee for all reasonable out-of-pocket costs incurred by Licensee in relocating its equipment pursuant to Licensor’s request.
Appears in 1 contract
Samples: Iru Agreement (Novo Networks Inc)
INSTALLATION AND ALTERATIONS. (a) Licensee shall not need to notify Licensor before entering the Equipment Space to perform minor maintenance items, such as adding/removing a cross connect, switching a card, rebooting or troubleshooting a piece of equipment, replacing a failed piece of equipment with an equivalent piece of equipment, or any other equipment affecting activity that does not materially affect the size, shape, weight, power usage, or emissions of a piece of equipment (“Minor Maintenance”). Other than these Minor Maintenance activities, however, Licensee shall notify Licensor before commencing any installation, addition, or alteration within or about each Facility or undertaking any installation, upgrade or modification to Licensee’s Equipment. Without the prior written approval of Licensor, which may be withheld in Licensor’s sole judgment, other than for Minor Maintenance Activities, Licensee shall not:
(i) Undertake any installation, addition or alteration within or about each Facility and/or Equipment Space, and/or
(ii) Undertake any activity that would in any way result in an increased cost to Licensor, or that might affect the use of each Facility or other equipment by Licensor or any other user of each Facility.
(b) Whenever Licensor’s approval of work is required, Licensee shall deliver a written request to Licensor, and shall specify all of the following:
(i) The names and addresses of each proposed contractor and subcontractor,
(ii) A summary of the qualifications and experience of each contractor and subcontractor,
(iii) Contractor insurance coverage in conformity with the standards, terms and conditions in Master Landlord’s and Licensor’s rules and otherwise consistent with the requirement of the Agreement,
(iv) A description of the services to be performed via a Method of Procedure (MOP), and
(v) The planned dates and times of such activities. Licensor shall have the right in its sole discretion to disapprove or require the removal of any contractor or subcontractor selected for work in each Facility. For avoidance of doubt, Licensee shall be responsible for all acts or omissions of its contractors or subcontractors while present in a Facility and any breach by any such contractor of the provisions of the Agreement or of this Supplement shall be deemed a breach by Licensee. All approvals by Licensor shall be valid only if given by Licensor’s Facilities Construction Department, Engineering Department, or their designated representative. If approval of any contractor or subcontractor is required by the terms of the Master Lease or any other agreement with Master Landlord or other party holding a superior interest in each Facility, Licensor shall also submit the written request to the Master Landlord and/or such other party for approval, and Licensee's Use of each Facility shall be subject to the Master Landlord's or other party’s approval as set forth in the underlying Master Lease or other agreement.
(c) Licensee will give Licensor the above written notice, the names and addresses of the persons supplying labor and materials, and the certificates of insurance from each proposed contractor for the proposed work on a schedule as follows:
(i) At least three (3) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any work other than major alterations, additions, improvements or installations, and
(ii) At least five (5) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any major alterations, additions, improvements or installations.
(d) All maintenance, installation, interconnection, addition, upgrade, modification or other alterations within each Facility shall: (i) comply with all manufacturers’ specifications; (ii) meet or exceed all industry quality assurance standards to which each of Licensee and Licensor are subject, including as applicable, but not limited to, those of NEBS, IEEE and Bellcore; and (iii) be performed in a good and workmanlike manner.
(e) Licensee will obtain all required permits and licenses pertaining to the installation, operation, maintenance and repair of its Equipment at each Facility.
(f) Licensee shall pay or cause to be paid all costs and charges:
(i) For work done by Licensee or caused to be done by Licensee on or about each Facility,
(ii) For all materials furnished for or in connection with such work; and
(iii) For alterations or additions to each Facility or Equipment that requires Licensor to incur costs.
(g) Licensee shall indemnify Licensor against and hold Licensor and each Facility and Licensor’s other property free and clear of and from all mechanics’ or materialman’s liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work done by or on behalf of Licensee. If any such lien is filed at any time against each Facility, or any part thereof, Licensee shall cause such lien to be discharged of record within ten (10) days after the filing thereof, except that if Licensee desires to contest such lien, it will furnish Licensor, within such ten-day period, security reasonably satisfactory to Licensor of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Licensee shall pay and satisfy the same without delay. If Licensee fails to pay any charge for which a mechanics’ lien has been filed, and has not given Licensor security as described above, Licensor may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, will be immediately due from Licensee to Licensor. Nothing contained in this License shall be deemed to constitute a consent or agreement of Licensor to subject any Facility or any of Licensor’s other property to liability under any mechanics,’ materialman’s or other lien law. If Licensee receives notice that a lien has been or is about to be filed against any Facility or any of Licensor’s other property, or any action affecting title to any Facility or any of Licensor’s other property has been commenced on account of work done by or on behalf of, or materials furnished to or for Licensee, it will immediately give Licensor notice of such filing. Licensor shall have the right to post notices of non-responsibility or similar notices on each Facility in order to protect each Facility against any such liens.
(h) If any part of Licensee’s fiber, Interconnect Facilities or Equipment is not placed and maintained in accordance with the terms and conditions of this License and Licensee fails to correct the violation within fifteen (15) Business Days from receipt of written notice thereof from Licensor, then Licensor may, at its option, without further notice to LicensorLicensee, correct the deficiency at Licensee’s expense without liability for damages. As soon as practicable thereafter, Licensor shall advise Licensee in writing of the work performed or the action taken. Licensee shall reimburse Licensor for all expenses reasonably incurred by Licensor associated with any work or action performed by Licensor pursuant hereto plus an administrative fee of twenty percent (20%). Licensee shall remit payment to Licensor within thirty (30) days from its receipt of Licensor’s invoice therefore.
(i) On not less than sixty (60) calendar days’ prior notice to Licensee, Licensor may request Licensee to relocate its equipment on or within each Facility or the Equipment Space. Following receipt of such notice, Licensee shall relocate Licensee’s equipment to the new location on or within each Facility or Equipment Space, as provided by Licensor. Licensor shall reimburse Licensee for all reasonable out-of-pocket costs incurred by Licensee in relocating its equipment pursuant to Licensor’s request.
Appears in 1 contract
Samples: Product Supplement – Colocation
INSTALLATION AND ALTERATIONS. (a) Without the prior approval of PAETEC, Licensee shall not need commence any installation, interconnection, addition or alteration to notify Licensor before entering the Facility, the Equipment Space to perform minor maintenance itemsSpace, such as adding/removing a cross connect, switching a card, rebooting or troubleshooting a piece of equipment, replacing a failed piece of equipment with an equivalent piece of Licensee’s equipment, or undertake any other equipment affecting activity that does not materially affect the size, shape, weight, power usage, or emissions of a piece of equipment (“Minor Maintenance”). Other than these Minor Maintenance activities, however, Licensee shall notify Licensor before commencing any installation, addition, or alteration within or about each Facility or undertaking any installation, upgrade or modification to Licensee’s Equipment. Without the prior written approval of Licensorequipment, which may be withheld in Licensor’s sole judgment, other than for Minor Maintenance Activities, Licensee shall not:
(i) Undertake any installation, addition or alteration within or about each Facility and/or Equipment Space, and/or
(ii) Undertake any activity that would in any way result in an increased cost to LicensorPAETEC, or that might affect the use of each the Facility or other equipment by Licensor PAETEC or any other user of each Facility.
(b) licensee. Whenever LicensorPAETEC’s approval of work is required, Licensee shall deliver a written request for consent to LicensorPAETEC, and shall specify all of specifying the following:
(i) The names and addresses of each proposed contractor and subcontractor,
(ii) A summary of the qualifications and experience of each contractor and subcontractor,
(iii) Contractor insurance coverage in conformity desired contractors or subcontractors, along with the standards, terms and conditions in Master Landlord’s and Licensor’s rules and otherwise consistent with the requirement of the Agreement,
(iv) A a description of the services to be performed via a Method of Procedure (MOP)performed, and
(v) The planned and the desired dates and times of such activitiesservice. Licensor PAETEC shall have the right in its sole discretion to approve or disapprove or require the removal of any contractor or subcontractor selected for work in each the Facility. For avoidance of doubtIf PAETEC does not respond to Licensee’s written notice requesting approval within ten (10) business days, Licensee shall be responsible for all acts or omissions of its contractors or subcontractors while present in a Facility and any breach by any such contractor of the provisions of the Agreement or of this Supplement shall be approval is deemed a breach by Licenseeto have been given. All approvals by Licensor shall be valid only In addition, if given by Licensor’s Facilities Construction Department, Engineering Department, or their designated representative. If approval of any contractor or subcontractor is required by the terms of the Master Lease or any other an agreement with Master Landlord a lessor or other party holding a superior interest in each the Facility, Licensor PAETEC shall also submit the written request to the Master Landlord and/or such other party for approval, and Licensee's Use ’s use of each Facility contractors shall be subject to the Master Landlord's or other partylandlord’s approval as set forth in the underlying Master Lease or other agreementlease.
(c) Licensee will give Licensor the above written notice, the names and addresses of the persons supplying labor and materials, and the certificates of insurance from each proposed contractor for the proposed work on a schedule as follows:
(i) At least three (3) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any work other than major alterations, additions, improvements or installations, and
(ii) At least five (5) Business Days (Monday through Friday, excluding weekends and holidays) before commencing any major alterations, additions, improvements or installations.
(d) All maintenance, installation, interconnection, addition, upgrade, modification or other alterations within each Facility shall: (i) comply with all manufacturers’ specifications; (ii) meet or exceed all industry quality assurance standards to which each of Licensee and Licensor are subject, including as applicable, but not limited to, those of NEBS, IEEE and Bellcore; and (iii) be performed in a good and workmanlike manner.
(e) Licensee will obtain all required permits and licenses pertaining to the installation, operation, maintenance and repair of its Equipment at each Facility.
(f) Licensee shall pay or cause to be paid all costs and charges:
charges (ia) For for work done by Licensee or caused to be done by Licensee on in or about each the Facility,
; (iib) For for all materials furnished for or in connection with such work; and
and (iiic) For for alterations or additions to each the Facility or Equipment equipment that requires Licensor require PAETEC to incur costs.
(g) . Licensee shall indemnify Licensor PAETEC against and hold Licensor PAETEC and each the Facility and Licensor’s other property free and clear of and from all mechanics’ or materialman’s liens and claims of liens, and all other liabilities, liens, claims claims, demands, costs and demands expenses of any kind on account of such work done by or on behalf of Licensee. If any such lien is filed at any filedany time against each the Facility, or any part thereof, Licensee shall cause such lien to be discharged of record within ten (10) days after the filing thereof, except that if Licensee desires to contest such lien, it will furnish LicensorPAETEC, within such ten-day period, security reasonably satisfactory to Licensor PAETEC of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Licensee shall pay and satisfy the same without delay. If Licensee fails to pay any charge for which a mechanics’ lien has been filed, and has not given Licensor PAETEC security as described above, Licensor PAETEC may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, will be immediately due from Licensee to LicensorPAETEC. Nothing contained in this License shall be deemed to constitute a consent or agreement of Licensor PAETEC to subject any the Facility or any of Licensor’s other property to liability under any mechanics,’ materialman’s or other lien law. If Licensee receives notice that a lien has been or is about to be filed against any Facility or any of Licensor’s other propertythe Facility, or any action affecting title to any the Facility or any of Licensor’s other property has been commenced on account of work done by or on behalf of, or materials furnished to or for Licensee, it Licensee will immediately give Licensor PAETEC written notice of such filingnotice. Licensor At least fifteen (15) days before commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements or installations) in or to the Facility or the Equipment Space by or for Licensee, Licensee will give PAETEC notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. PAETEC shall have the right to post notices of non-responsibility or similar notices on each at the Facility in order to protect each the Facility against any such liens.
(h) If any part of Licensee’s fiber, Interconnect Facilities or Equipment is not placed and maintained in accordance with the terms and conditions of this License and Licensee fails to correct the violation within fifteen (15) Business Days from receipt of written notice thereof from Licensor, then Licensor may, at its option, without further notice to Licensor, correct the deficiency at Licensee’s expense without liability for damages. As soon as practicable thereafter, Licensor shall advise Licensee in writing of the work performed or the action taken. Licensee shall reimburse Licensor for all expenses reasonably incurred by Licensor associated with any work or action performed by Licensor pursuant hereto plus an administrative fee of twenty percent (20%). Licensee shall remit payment to Licensor within thirty (30) days from its receipt of Licensor’s invoice therefore.
(i) On not less than sixty (60) calendar days’ prior notice to Licensee, Licensor may request Licensee to relocate its equipment on or within each Facility or the Equipment Space. Following receipt of such notice, Licensee shall relocate Licensee’s equipment to the new location on or within each Facility or Equipment Space, as provided by Licensor. Licensor shall reimburse Licensee for all reasonable out-of-pocket costs incurred by Licensee in relocating its equipment pursuant to Licensor’s request.
Appears in 1 contract