Common use of ITEMS PROVIDED BY CUSTOMER Clause in Contracts

ITEMS PROVIDED BY CUSTOMER. Except as the parties may have otherwise agreed for Turnkey Services, as set forth in this Agreement or in other agreements of the parties, Customer will be responsible for furnishing the following items (as required by the conditions of the particular installation or other on-site Service, hereinafter collectively referred to as the "Service") at no charge to Seller and these items will not be included in Seller's price for the Service. Seller's representative shall have the right to inspect the site prior to Service start date. Should Customer fail to furnish any of such items for which it is responsible after Seller provides Customer notice, Seller may furnish such items and charge Customer for then in addition to the prices otherwise charged by Seller for the Service. REGULATORY COMMISSION APPROVALS--Prior to Service start date, obtain such approvals, licenses, permits, tariffs and/or other authorities from the Federal Communications Commission and state and local public utilities commissions as may be necessary for construction and operation of a cellular mobile radio telephone system. EASEMENTS, PERMITS AND RIGHTS-OF-WAY--Prior to Service start date, provide all rights-of-way, easements, licenses to come upon land to perform the Service, permits and authority for installation of Products and other items; permits for opening sidewalks, streets, alleys, and highways; and construction and building permits. ACCESS TO BUILDING AND WORK SITE--Allow employees of Seller and it subcontractors free access to premises and facilities at all hours during the scheduled Service or at such other times as are requested by Seller. Customer shall obtain for Seller's and its subcontractors' employees any necessary identification and clearance credentials to enable Seller and its subcontractors to have access to the work site. ENVIRONMENTAL CONDITIONS--When Customer provides or arranges for a third party to provide MSC and/or cell site structures, Customer shall prior to Service start date: a. Insure that the MSC and/or cell site structures are in a structurally safe and sound condition to properly house the materials to be installed, in accordance with weight, strength, and structural requirements specified by Seller. No later than the date Customer places its order, Customer shall provide Seller a certificate of a duly licensed architect or engineer (dated no sooner than ninety (90) days prior to furnishing such certificate to Seller) stating that the site(s) meets such requirements; Lucent Technologies Inc. Proprietary b. Take such action as may be necessary to insure that the premises will be dry and free from dust and Hazardous Materials, including but not limited to asbestos, and in such condition as not to be injurious to Seller's or its subcontractors' employees or to the materials to be installed. Prior to commencement of the Services and during the performance of the Service, Customer shall, if requested by Seller, provide Seller with sufficient data to assist Seller's supplier in evaluating the environmental conditions at the work site (including the presence of Hazardous Materials). The price quoted by Seller's supplier for the Service does not include the cost of removal or disposal of the Hazardous Materials from the work site. Customer is responsible for removing and disposing of the Hazardous Materials, including but not limited to asbestos, prior to commencement of the Service. SENSITIVE EQUIPMENT--Prior to commencement of the Service, inform Seller of the presence of any sensitive equipment at the work site (e.g., equipment sensitive to static electricity or light). REPAIRS TO BUILDINGS--Prior to Service start date, make such alterations and repairs as are necessary for proper installation of items to be installed. BUILDING READINESS--Prior to Service start date, provide hoisting and hauling services, furnish suitable openings in buildings to allow the items to be installed to be placed in position, and provide necessary openings and ducts for cable and conductors in floors and walls as designated on engineering drawings furnished by Seller. SURVEYS--Prior to Service start date furnish surveys (describing the physical characteristics, legal limitations and utility locations for the work site) and a legal description of the site. ELECTRICAL CURRENT, HEAT, LIGHT AND WATER--Provide electric current for charging storage batteries and for any other necessary purposes with suitable terminals where work is to be performed; provide temperature control and general illumination (regular and emergency) in rooms in which work is to be performed or Products or other items stored, equivalent to that ordinarily furnished for similar purposes in a working office; provide exit lights; provide water and other necessary utilities for the proper execution of the Service. CELLULAR SYSTEM UTILITY REQUIREMENTS--Negotiate with the power and telephone companies for installation of the power and telephone facilities necessary to proper operation of the Products and/or other items being installed. The type and quantity of such facilities shall be subject to Seller's reasonable approval. Customer shall have the telephone company provide, place, install, extend and terminate telephone facilities into the MSC and cell sites; line up and test the telephone company facilities outside and inside the MSC and cell sites; and provide to Seller copies of the test results prior to Seller's commencing integration testing of the MSC with each cell site. MATERIAL FURNISHED BY CUSTOMER--New or used material furnished by Customer shall be in such condition that it requires no repair and no adjustment or test effort in excess of that normal for new equipment. Customer assumes all responsibility for the proper functioning of such material. Customer shall also provide the necessary information for Seller to properly install such material. FURNITURE--provide and install all furniture. Lucent Technologies Inc. Proprietary FLOOR SPACE AND STORAGE FACILITIES--Provide, during progress of the Service, suitable and easily accessible floor space and storage facilities (a) to permit storing major items of Products and other material closely adjacent to where they will be used, (b) for administrative and luncheon purposes, (c) for Seller's and its subcontractors' employees' personal effects, and (d) for tools and property of Seller and its subcontractors. Where the Service is to be performed outside of a building or in a building under construction, Customer shall, in addition to the above requirements, as appropriate, permit or secure permission for Seller and its subcontractors to maintain at the work site, storage facilities (such as trailers) for Products, materials and other items and for tools and equipment needed to complete the Service.

ITEMS PROVIDED BY CUSTOMER. Except as the parties may have otherwise agreed for Turnkey Services, as set forth in this Agreement or in other agreements of the parties, Customer will be responsible for furnishing the following items (as required by the conditions of the particular installation or other on-site Service, hereinafter collectively referred to as the "Service") at no charge to Seller and these items will not be included in Seller's price for the Service. Seller's representative shall have the right to inspect the site prior to Service start dateStart Date. Should Customer fail to furnish any of such items for which it is responsible after Seller provides Customer notice, Seller may furnish such items and charge Customer for then in addition to the prices otherwise charged by Seller for the Service. REGULATORY COMMISSION APPROVALSRegulatory Commission Approvals--Prior to Service start dateStart Date, obtain such approvals, licenses, permits, tariffs and/or other authorities from the Federal Communications Commission and state and local public utilities commissions as may be necessary for construction and operation of a cellular mobile radio telephone system. EASEMENTSEasements, PERMITS AND RIGHTSPermits and Rights-OFof-WAYWay--Prior to Service start dateStart Date, provide all reasonable rights-of-way, easements, licenses to come upon land to perform the Service, permits and authority for installation of Products and other items; permits for opening sidewalks, streets, alleys, and highways; and construction and building permits. ACCESS TO BUILDING AND WORK SITEAccess to Building and Work Site--Allow employees of Seller and it subcontractors free access to premises and facilities at all reasonable hours during the scheduled Service or at such other times as are reasonably requested by SellerSeller for performance under this Agreement. Customer shall obtain for Seller's and its subcontractors' employees any necessary identification and clearance credentials to enable Seller and its subcontractors to have access to the work site. ENVIRONMENTAL CONDITIONSEnvironmental Conditions--When Customer provides or arranges for a third party to provide MSC and/or cell site structures, Customer shall prior to Service start dateStart Date: a. Insure that the MSC and/or cell site structures are in a structurally safe and sound condition to properly house the materials to be installed, in accordance with weight, strength, and structural requirements specified by Seller. No later than the date Customer places its order, Customer shall provide Seller a certificate of a duly licensed architect or engineer (dated no sooner than ninety (90) days prior to furnishing such certificate to Seller) stating that the site(s) meets such requirements; Lucent Technologies Inc. Proprietary. b. Take such action as may be necessary to insure that the premises will be dry and free from dust and Hazardous Materials, including but not limited to asbestos, and in such condition as not to be injurious to Seller's or its subcontractors' employees or to the materials to be installed. Prior to commencement of the Services and during the performance of the Service, Customer shall, if requested by Seller, provide Seller with sufficient data to assist Seller's supplier in evaluating the environmental conditions at the work site (including the presence of Hazardous Materials). The price quoted by Seller's supplier for the Service does not include the cost of removal or disposal of the Hazardous Materials from the work site. Customer is responsible for removing and disposing of the Hazardous Materials, including but not limited to asbestos, prior to commencement of the Service. SENSITIVE EQUIPMENTSensitive Equipment--Prior to commencement of the Service, inform Seller of the presence of any known sensitive equipment at the work site (e.g., equipment sensitive to static electricity or light). REPAIRS TO BUILDINGSRepairs to Buildings--Prior to Service start dateStart Date, make such alterations and repairs as are reasonably necessary per specifications for proper installation of items to be installed. BUILDING READINESSBuilding Readiness--Prior to Service start dateStart Date, provide hoisting and hauling services, furnish suitable openings in buildings to allow the items to be installed to be placed in position, and provide necessary openings and ducts for cable and conductors in floors and walls as designated on engineering drawings furnished by Seller. SURVEYSSurveys--Prior to Service start date Start Date furnish surveys (describing the physical characteristics, legal limitations and utility locations for the work site) and a legal description of the site. ELECTRICAL CURRENT, HEAT, LIGHT AND WATER--Provide electric current for charging storage batteries and for any other necessary purposes with suitable terminals where work is to be performed; provide temperature control and general illumination (regular and emergency) in rooms in which work is to be performed or Products or other items stored, equivalent to that ordinarily furnished for similar purposes in a working office; provide exit lights; provide water and other necessary utilities for the proper execution of the Service. CELLULAR SYSTEM UTILITY REQUIREMENTS--Negotiate with the power and telephone companies for installation of the power and telephone facilities necessary to proper operation of the Products and/or other items being installed. The type and quantity of such facilities shall be subject to Seller's reasonable approval. Customer shall have the telephone company provide, place, install, extend and terminate telephone facilities into the MSC and cell sites; line up and test the telephone company facilities outside and inside the MSC and cell sites; and provide to Seller copies of the test results prior to Seller's commencing integration testing of the MSC with each cell site. MATERIAL FURNISHED BY CUSTOMER--New or used material furnished by Customer shall be in such condition that it requires no repair and no adjustment or test effort in excess of that normal for new equipment. Customer assumes all responsibility for the proper functioning of such material. Customer shall also provide the necessary information for Seller to properly install such material. FURNITURE--provide and install all furniture. Lucent Technologies Inc. Proprietary FLOOR SPACE AND STORAGE FACILITIES--Provide, during progress of the Service, suitable and easily accessible floor space and storage facilities (a) to permit storing major items of Products and other material closely adjacent to where they will be used, (b) for administrative and luncheon purposes, (c) for Seller's and its subcontractors' employees' personal effects, and (d) for tools and property of Seller and its subcontractors. Where the Service is to be performed outside of a building or in a building under construction, Customer shall, in addition to the above requirements, as appropriate, permit or secure permission for Seller and its subcontractors to maintain at the work site, storage facilities (such as trailers) for Products, materials and other items and for tools and equipment needed to complete the Service.

ITEMS PROVIDED BY CUSTOMER. Except as the parties may have otherwise agreed for Turnkey ServicesServices or in the Responsibility Matrix, as set forth in this Agreement or in other agreements of the parties, Customer will be responsible for furnishing the following items (as required by the conditions of the particular installation or other on-site Service, hereinafter collectively referred to as the "Service") at no charge to Seller and these items will not be included in Seller's price for the Service. Seller's representative shall have the right to inspect the site prior to Service start date. Should Customer fail to furnish any of such items for which it is responsible after Seller provides Customer notice, Seller may furnish such items and charge Customer for then them in addition to the prices otherwise charged by Seller for the Service. REGULATORY COMMISSION APPROVALSRegulatory Commission Approvals--Prior to Service start dateStart Date, obtain all ------------------------------- such material approvals, licenses, permits, tariffs and/or other authorities from the Federal Communications Commission and state and local public utilities commissions as may be reasonably necessary for construction and operation of a cellular mobile radio telephone systemPersonal Communications Services System. EASEMENTSEasements, PERMITS AND RIGHTSPermits and Rights-OFof-WAYWay--Prior to Service start dateStart Date, provide ------------------------------------ all rights-of-way, easements, licenses to come upon land to perform the Service, permits and authority for installation of Products and other itemsitem; permits for opening sidewalks, streets, alleys, and highways; and construction and building permits. ACCESS TO BUILDING AND WORK SITEAccess to Building and Work Site--Allow employees of Seller and it its -------------------------------- subcontractors free access to premises and facilities at all normal business hours during the scheduled Service or at such other times as are reasonably requested by Seller. Customer shall obtain for Seller's and its subcontractors' employees any necessary identification and clearance credentials to enable Seller and its subcontractors to have access to the work site. ENVIRONMENTAL CONDITIONSGeneral Building Conditions--When Customer provides or arranges for a third --------------------------- party to provide MSC and/or cell site structuresfacilities or structures for PCS installation services, Customer shall prior to Service start date: a. Insure that the MSC and/or cell PCS site structures are in a structurally safe and sound condition to properly house the materials to be installed, in accordance with weight, strength, and structural requirements specified by Seller. No later than Prior to the date Customer places its orderstart of installation, if requested by Seller, Customer shall provide Seller a certificate of a duly licensed architect or engineer (dated no sooner than within ninety (90) days prior to furnishing of the date such certificate is furnished to Seller) stating that the site(s) meets such requirements; Lucent Technologies Inc. Proprietary; b. Take such action as may be necessary to insure that the premises will be dry and free from dust and Hazardous Materials, including but not limited to asbestos, and in such condition as not to be injurious to Seller's or its subcontractors' employees or to the materials to be installed. Prior to commencement of the Services and during the performance of the Service, Customer shall, if requested by Seller, provide Seller with sufficient data to assist Seller's supplier in evaluating the environmental conditions at the work site (including the presence of Hazardous Materials). The price quoted by Seller's supplier for the Service does not include the cost of removal or disposal of the Hazardous Materials from the work site. Customer is responsible for removing and disposing of the Hazardous Materials, including but not limited to asbestos, prior to commencement of the Service. SENSITIVE EQUIPMENTSensitive Equipment--Prior to commencement of the Service, inform Seller of ------------------- the presence of any sensitive equipment at the work site (e.g., equipment sensitive to static electricity or light). REPAIRS TO BUILDINGSRepairs to Buildings--Prior to Service start date, make such alterations -------------------- and repairs as are necessary for proper installation of items to be installed. BUILDING READINESSOpenings in Buildings--Prior to Service start date, provide hoisting and hauling services, furnish suitable --------------------- openings in buildings to allow the items to be installed to be placed in position, and provide necessary openings and ducts for cable and conductors in floors and walls as designated on engineering drawings furnished by Seller. SURVEYSSurveys--Prior to Service start date furnish surveys (describing the ------- physical characteristics, legal limitations and utility locations for the work site) and a legal description of the site. ELECTRICAL CURRENT, HEAT, LIGHT AND WATER--Provide electric current for charging storage batteries and for any other necessary purposes with suitable terminals where work is to be performed; provide temperature control and general illumination (regular and emergency) in rooms in which work is to be performed or Products or other items stored, equivalent to that ordinarily furnished for similar purposes in a working office; provide exit lights; provide water and other necessary utilities for the proper execution of the Service. CELLULAR SYSTEM UTILITY REQUIREMENTS--Negotiate with the power and telephone companies for installation of the power and telephone facilities necessary to proper operation of the Products and/or other items being installed. The type and quantity of such facilities shall be subject to Seller's reasonable approval. Customer shall have the telephone company provide, place, install, extend and terminate telephone facilities into the MSC and cell sites; line up and test the telephone company facilities outside and inside the MSC and cell sites; and provide to Seller copies of the test results prior to Seller's commencing integration testing of the MSC with each cell site. MATERIAL FURNISHED BY CUSTOMER--New or used material furnished by Customer shall be in such condition that it requires no repair and no adjustment or test effort in excess of that normal for new equipment. Customer assumes all responsibility for the proper functioning of such material. Customer shall also provide the necessary information for Seller to properly install such material. FURNITURE--provide and install all furniture. Lucent Technologies Inc. Proprietary FLOOR SPACE AND STORAGE FACILITIES--Provide, during progress of the Service, suitable and easily accessible floor space and storage facilities (a) to permit storing major items of Products and other material closely adjacent to where they will be used, (b) for administrative and luncheon purposes, (c) for Seller's and its subcontractors' employees' personal effects, and (d) for tools and property of Seller and its subcontractors. Where the Service is to be performed outside of a building or in a building under construction, Customer shall, in addition to the above requirements, as appropriate, permit or secure permission for Seller and its subcontractors to maintain at the work site, storage facilities (such as trailers) for Products, materials and other items and for tools and equipment needed to complete the Service.

ITEMS PROVIDED BY CUSTOMER. Except as the parties may have otherwise agreed for Turnkey Services, as set forth in this Agreement or in other agreements of the parties, Customer will be responsible for furnishing the following items (as required by the conditions of the particular installation or other on-site Service, hereinafter collectively referred to as the "“Service"”) at no charge to Seller Vendor and these items will not be included in Seller's Vendor’s price for the Service. Seller's Vendor’s representative shall have the right to inspect the site prior to Service start date. Should Customer fail to furnish any of such items for which it is responsible after Seller Vendor provides Customer notice, Seller Vendor may furnish such items and charge Customer for then them in addition to the prices otherwise charged by Seller Vendor for the Service. REGULATORY COMMISSION APPROVALS--Vendor will provide pricing to the Customer in advance of the charges. Regulatory Commission Approvals—Prior to Service start date, obtain such approvals, licenses, permits, tariffs and/or other authorities from the Federal Communications Commission and state and local public utilities commissions as may be necessary for construction and operation of a cellular mobile radio telephone systemPersonal Communications Services System. EASEMENTSEasements, PERMITS AND RIGHTSPermits and Rights-OFof-WAY--Way—Prior to Service start date, provide all rights-of-way, easements, licenses to come upon land to perform the Service, permits and authority for installation of Products and other items; permits for opening sidewalks, streets, alleys, and highways; and construction and building permits. ACCESS TO BUILDING AND WORK SITE--Access to Building and Work Site—Allow employees of Seller Vendor and it subcontractors free access to premises and facilities at all hours during the scheduled Service or at such other times as are requested by SellerVendor. Customer shall obtain for Seller's Vendor’s and its subcontractors' ’ employees any necessary identification and clearance credentials to enable Seller Vendor and its subcontractors to have access to the work site. ENVIRONMENTAL CONDITIONS--General Building Conditions—When Customer provides or arranges for a third party to provide MSC and/or cell site structuresfacilities or structures for PCS installation services, Customer shall prior to Service start date: a. Insure that the MSC and/or cell site structures are in Consult with Vendor and provided Vendor reasonably requests additional information regarding a structurally safe and sound condition to properly house the materials to be installed, in accordance with weight, strength, and structural requirements specified by Seller. No later than the date Customer places its ordersite, Customer shall provide Seller a certificate Vendor with site surveys, blueprints, and any other engineering or architectural documents reasonably necessary to assist Vendor in determining the structural soundness of a duly licensed architect or engineer (dated no sooner than ninety (90) days prior to furnishing site. Any costs associated with such certificate to Seller) stating that the site(s) meets such requirements; Lucent Technologies Inc. Proprietarydetermination shall be borne by Customer; b. Take such action as may be necessary to insure that the premises will be dry and free from dust and Hazardous Materials, including but not limited to asbestos, and in such condition as not to be injurious to Seller's Vendor’s or its subcontractors' ’ employees or to the materials to be installed. Prior to commencement of the Services and during the performance of the Service, Customer shall, if requested by SellerVendor, provide Seller Vendor with sufficient data to assist Seller's Vendor’s supplier in evaluating the environmental conditions at the work site (including the presence of Hazardous Materials). The price quoted by Seller's Vendor’s supplier for the Service does not include the cost of removal or disposal of the Hazardous Materials from the work site. Customer is responsible for removing and disposing of the Hazardous Materials, including but not limited to asbestos, prior to commencement of the Service. SENSITIVE EQUIPMENT--Sensitive Equipment—Prior to commencement of the Service, inform Seller Vendor of the presence of any sensitive equipment at the work site (e.g., equipment sensitive to static electricity or light). REPAIRS TO BUILDINGS--Repairs to Buildings—Prior to Service start date, make such alterations and repairs as are necessary for proper installation of items to be installed. BUILDING READINESS--Openings in Buildings—Prior to Service start date, provide hoisting and hauling services, furnish suitable openings in buildings to allow the items to be installed to be placed in position, and provide necessary openings and ducts for cable and conductors in floors and walls as designated on engineering drawings furnished by Seller. SURVEYS--Prior to Service start date furnish surveys (describing the physical characteristics, legal limitations and utility locations for the work site) and a legal description of the site. ELECTRICAL CURRENT, HEAT, LIGHT AND WATER--Provide electric current for charging storage batteries and for any other necessary purposes with suitable terminals where work is to be performed; provide temperature control and general illumination (regular and emergency) in rooms in which work is to be performed or Products or other items stored, equivalent to that ordinarily furnished for similar purposes in a working office; provide exit lights; provide water and other necessary utilities for the proper execution of the Service. CELLULAR SYSTEM UTILITY REQUIREMENTS--Negotiate with the power and telephone companies for installation of the power and telephone facilities necessary to proper operation of the Products and/or other items being installed. The type and quantity of such facilities shall be subject to Seller's reasonable approval. Customer shall have the telephone company provide, place, install, extend and terminate telephone facilities into the MSC and cell sites; line up and test the telephone company facilities outside and inside the MSC and cell sites; and provide to Seller copies of the test results prior to Seller's commencing integration testing of the MSC with each cell site. MATERIAL FURNISHED BY CUSTOMER--New or used material furnished by Customer shall be in such condition that it requires no repair and no adjustment or test effort in excess of that normal for new equipment. Customer assumes all responsibility for the proper functioning of such material. Customer shall also provide the necessary information for Seller to properly install such material. FURNITURE--provide and install all furniture. Lucent Technologies Inc. Proprietary FLOOR SPACE AND STORAGE FACILITIES--Provide, during progress of the Service, suitable and easily accessible floor space and storage facilities (a) to permit storing major items of Products and other material closely adjacent to where they will be used, (b) for administrative and luncheon purposes, (c) for Seller's and its subcontractors' employees' personal effects, and (d) for tools and property of Seller and its subcontractors. Where the Service is to be performed outside of a building or in a building under construction, Customer shall, in addition to the above requirements, as appropriate, permit or secure permission for Seller and its subcontractors to maintain at the work site, storage facilities (such as trailers) for Products, materials and other items and for tools and equipment needed to complete the ServiceVendor.