Common use of Obligation to Construct or Modify Facilities; Capacity Expansions Clause in Contracts

Obligation to Construct or Modify Facilities; Capacity Expansions. SWBT may grant access subject to Applicant’s approval of such make-ready work (including facilities modifications) as may be required to expand capacity to accommodate Applicant’s request, in which event Applicant shall either accept such conditions, initiate good faith negotiations to explore other potential accommodations, or withdraw its request for access. If SWBT does not offer to expand capacity and denies Applicant’s request for access, SWBT shall promptly notify Applicant of such determination. SWBT shall not deny Applicant’s request for access on lack of capacity grounds when capacity can be expanded as provided in this section and in Section

Obligation to Construct or Modify Facilities; Capacity Expansions. SWBT may grant access subject to Applicant’s approval of such make-ready work (including facilities modifications) as may be required to expand capacity to accommodate Applicant’s request, in which event Applicant shall either accept such conditions, initiate good faith negotiations to explore other potential accommodations, or withdraw its request for access. If SWBT does not offer to expand capacity and denies Applicant’s request for access, SWBT shall promptly notify Applicant of such determination. SWBT shall not deny Applicant’s request for access on lack of capacity grounds when capacity can be expanded as provided in this section and in SectionSection 6.03 (infrequent construction techniques and connectivity solutions).

Obligation to Construct or Modify Facilities; Capacity Expansions. SWBT may grant access subject to Applicant’s 's approval of such make-ready work (including facilities modifications) as may be required to expand capacity to accommodate Applicant’s 's request, in which event Applicant shall either accept such conditions, initiate good faith negotiations to explore other potential accommodations, or withdraw its request for access. If SWBT does not offer to expand capacity and denies Applicant’s 's request for access, SWBT shall promptly notify Applicant of such determination. SWBT shall not deny Applicant’s 's request for access on lack of capacity grounds when capacity can be expanded as provided in this section and in SectionSection 6.03 (infrequent construction techniques and connectivity solutions).