Common use of Maintenance duct Clause in Contracts

Maintenance duct. The term “maintenance duct” generally refers to a full-sized duct (typically three inches in diameter or larger) which may be used, on a short-term basis, for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBT, Applicant, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this Agreement. No more than one full-sized duct within any given conduit section will be designated by SWBT as the maintenance duct. In those locations where, on the effective date of this Agreement, there is not a full-sized duct available to be used as a maintenance duct, SWBT will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT manhole to customer premises. Maintenance ducts will not be considered “available” (as defined in Section 3.07) for assignment to SWBT, Applicant, or joint users for purposes other than short-term uses contemplated in this section; provided, however, that SWBT may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBT’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Maintenance duct. The term “maintenance duct” generally refers to a full-full- sized duct (typically three inches in diameter or larger) which may be used, on a short-short- term basis, for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBT, Applicant, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this Agreement. No more than one full-sized duct within any given conduit section will be designated by SWBT as the maintenance duct. In those locations where, on the effective date of this Agreement, there is not a full-sized duct available to be used as a maintenance duct, SWBT will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT manhole to customer premises. Maintenance ducts will not be considered “available” (as defined in Section 3.07) for assignment to SWBT, Applicant, or joint users for purposes other than short-term uses contemplated in this section; provided, however, that SWBT may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBT’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Maintenance duct. The term “maintenance duct” generally refers to a full-sized duct (typically three inches in diameter or larger) which may be used, used by SBC MISSOURI and joint users (including CLEC) on a short-term basis, basis for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBTSBC MISSOURI, ApplicantCLEC, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement Appendix and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this AgreementAppendix. No more than one full-sized duct within any given conduit system cross-section will shall be designated by SWBT SBC MISSOURI as the maintenance duct. In those locations where, on the effective date of this AgreementAppendix, there is not a full-sized duct available to be used as a maintenance duct, SWBT SBC MISSOURI will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT SBC MISSOURI manhole to customer premises. Maintenance ducts will shall not be considered “available” (as defined in Section 3.073.06) for assignment to SWBTSBC MISSOURI, ApplicantCLEC, or joint users for purposes other than short-term uses use as contemplated in this section; provided, however, that SWBT SBC MISSOURI may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBTSBC MISSOURI’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Maintenance duct. The term “maintenance duct” generally refers to a full-sized duct (typically three inches in diameter or larger) which may be used, used by SBC MISSOURI and joint users (including CLEC) on a short-term basis, basis for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBTSBC MISSOURI, ApplicantCLEC, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement Appendix and (b) short-term non-non- emergency maintenance or repair activities as provided in Articles 12 and 13 of this AgreementAppendix. No more than one full-sized duct within any given conduit system cross-section will shall be designated by SWBT SBC MISSOURI as the maintenance duct. In those locations where, on the effective date of this AgreementAppendix, there is not a full-sized duct available to be used as a maintenance duct, SWBT SBC MISSOURI will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT SBC MISSOURI manhole to customer premises. Maintenance ducts will shall not be considered “available” (as defined in Section 3.073.06) for assignment to SWBTSBC MISSOURI, ApplicantCLEC, or joint users for purposes other than short-term uses use as contemplated in this section; provided, however, that SWBT SBC MISSOURI may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBT’s SBC MISSOURI outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 1 contract

Samples: Master Agreement

Maintenance duct. The term “maintenance duct” generally refers to a full-sized duct (typically three inches in diameter or larger) or an inner duct which may be used, used by SBC NEVADA and joint users (including AT&T) on a short-term basis, basis (not to exceed 30 days) for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBTSBC NEVADA, ApplicantAT&T, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement Appendix and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this AgreementAppendix. No more than one full-sized duct plus one inner duct in a conduit system containing both copper and fiber cables within any given conduit system cross-section will shall be designated by SWBT SBC NEVADA as the maintenance duct. In those locations where, on the effective date of this AgreementAppendix, there is not a full-sized duct available to be used as a maintenance duct, SWBT SBC NEVADA will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT SBC NEVADA manhole to customer premises. Maintenance ducts will shall not be considered “available” (as defined in Section 3.073.06) for assignment to SWBTSBC NEVADA, ApplicantAT&T, or joint users for purposes other than short-term uses use as contemplated in this section; provided, however, that SWBT SBC NEVADA may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBTSBC NEVADA’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 1 contract

Samples: Street Agreement

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Maintenance duct. The term “maintenance duct” generally refers to a full-full- sized duct (typically three inches in diameter or larger) which may be used, on a short-short- term basis, for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBT, Applicant, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-short- term emergency repairs as provided in Article 15 of this Agreement and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this Agreement. No more than one full-sized duct within any given conduit section will be designated by SWBT as the maintenance duct. In those locations where, on the effective date of this Agreement, there is not a full-sized duct available to be used as a maintenance duct, SWBT will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT manhole to customer premises. Maintenance ducts will not be considered “available” (as defined in Section 3.07) for assignment to SWBT, Applicant, or joint users for purposes other than short-term uses contemplated in this section; provided, however, that SWBT may assign the duct currently designated as a maintenance duct if another suitable full-full- sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBT’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 1 contract

Samples: Master Agreement

Maintenance duct. The term “maintenance duct” generally refers to a full-sized duct (typically three inches in diameter or larger) which may be used, used by SBC MISSOURI and joint users (including AT&T) on a short-term basis, basis for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBTSBC MISSOURI, ApplicantAT&T, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement Appendix and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this AgreementAppendix. No more than one full-sized duct within any given conduit system cross-section will shall be designated by SWBT SBC MISSOURI as the maintenance duct. In those locations where, on the effective date of this AgreementAppendix, there is not a full-sized duct available to be used as a maintenance duct, SWBT SBC MISSOURI will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT SBC MISSOURI manhole to customer premises. Maintenance ducts will shall not be considered “available” (as defined in Section 3.073.06) for assignment to SWBTSBC MISSOURI, ApplicantAT&T, or joint users for purposes other than short-term uses use as contemplated in this section; provided, however, that SWBT SBC MISSOURI may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBTSBC MISSOURI’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 1 contract

Samples: Master Agreement

Maintenance duct. The term “maintenance duct” generally refers to a full-sized duct (typically three inches in diameter or larger) which may be used, used by AT&T and joint users (including CLEC) on a short-term basis, basis for maintenance, repair, or emergency restoration activities. Maintenance ducts will be available, on a nondiscriminatory basis, to all persons and entities (including SWBTAT&T, ApplicantCLEC, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located for (a) short-term emergency repairs as provided in Article 15 of this Agreement Appendix and (b) short-term non-emergency maintenance or repair activities as provided in Articles 12 and 13 of this AgreementAppendix. No more than one full-full- sized duct within any given conduit system cross-section will shall be designated by SWBT AT&T as the maintenance duct. In those locations where, on the effective date of this AgreementAppendix, there is not a full-sized duct available to be used as a maintenance duct, SWBT AT&T will designate an inner duct, if one is available, as the maintenance duct although such inner duct may be too small to accommodate some of the cables occupying the conduit section in which such inner duct is located. The term “maintenance duct” does not include ducts and conduits extending from a SWBT AT&T manhole to customer premises. Maintenance ducts will shall not be considered “available” (as defined in Section 3.073.06) for assignment to SWBTAT&T, ApplicantCLEC, or joint users for purposes other than short-term uses use as contemplated in this section; provided, however, that SWBT AT&T may assign the duct currently designated as a maintenance duct if another suitable full-sized duct will be made available to serve as a replacement maintenance duct and may assign an inner duct currently designated as a maintenance duct if another inner duct will be made available to serve as a replacement maintenance duct. Maintenance duct designations may change from time to time and may or may not be reflected in SWBTAT&T’s outside plant records. When only one usable full-sized duct remains in a conduit section, that duct shall be deemed to be the maintenance duct.

Appears in 1 contract

Samples: MFN Agreement

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