Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability. (b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech. (c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”). (d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12. (e) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1. (f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12. (g) At Requesting Carrier’s request Ameritech shall provide for APCS within three
Appears in 5 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo OrderCLEC's request, Ameritech CBT shall include in its Collo Response notice to Requesting Carrier notice of such immediate availabilityCLEC (i) the space to be provided and (ii) whether CBT can deliver the space to CLEC by the date set forth in Section 12.12.2(i).
(b) If Requesting Carrier’s CLEC's requested Physical Collocation space is available, Ameritech CBT and Requesting Carrier CLEC shall have a joint planning meeting and, at CLEC's option, an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after CBT's receipt of CLEC's Initial COBO Payment. CBT shall, within ten (10) Business Days after such initial walk-throughwalkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of CLEC that will be billed as extraordinary expenses and provide for a parallel installation sequence. If a change or modification is noted at At such meeting, the initial walk-through, Ameritech shall have no obligation Parties will agree to commence work on Requesting Carrier’s Collocation the design of the collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritechequipment configuration requirements.
(c) Ameritech In the event CLEC materially modifies its request as a result of the coordination meeting outcome, such modifications must be submitted to CBT in writing and a firm order date reestablished.
(d) The Collocation Space completion time period and the turn over date will be provided to CLEC during the joint planning meeting or as soon as possible thereafter. The Collocation Space completion time period and the Turn Over date must comply and be consistent with the intervals set forth in this Article XII.
(e) CBT will complete all design work following the joint planning meeting. If CBT needs to reevaluate CLEC's application as a result of changes requested by CLEC to CLEC's original application, then CBT will charge CLEC a fee based upon the additional engineering hours required to do the reassessment. Major changes such as requesting additional space or adding additional equipment may require CLEC to resubmit the application with an application fee.
(f) CBT shall deliver to Requesting Carrier CLEC the requested space on or before the later of (i) one hundred twenty (120) calendar days from Ameritech’s CBT's receipt of Requesting Carrier’s Collo OrderCLEC's request for Collocation, (ii) ninety one hundred twenty (90120) calendar days from the date receipt of the initial walk-through CLEC's Initial COBO Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech CBT to deliver to Requesting Carrier CLEC such space within the foregoing intervals (such date of delivery referred to as the “"Delivery Date”").
(dg) Physical Collocation space ordered requested by Requesting Carrier CLEC will be made available to Requesting Carrier CLEC by Ameritech CBT as more fully described in Section 1 of Schedule 12.12.
(eh) Ameritech If CBT does not provide CLEC with its Collocated space by the Delivery Date and such delay is caused directly by CBT's actions or its failure to act (and not by an CLEC Delaying Event), CLEC shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(i) CBT may begin billing CLEC for recurring charges for the Collocated space on the Occupancy Date. For purposes of this Article XII, "Occupancy Date" shall mean the date on which (i) the Parties have completed the acceptance walkthrough of CLEC's Physical Collocation Space and (ii) no material exceptions for such space is made available for occupancy (the “Occupancy Date”)have been noted or remain outstanding. Requesting Carrier CLEC shall vacate the Collocated space if either (ix) Requesting Carrier (or one of its Resident Collocators, if applicable) CLEC fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (iiy) Requesting Carrier (or one of its Resident Collocators, if applicable) CLEC fails to Interconnect to the Ameritech CBT network within one hundred and fifty (150) days of the Occupancy Date. If Requesting Carrier CLEC is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(i), Requesting Carrier (and its Resident Collocators) CLEC shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier CLEC still requires Collocation in that Premises, Requesting Carrier CLEC shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within three
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order's request, Ameritech shall include in its Collo Response notice to Requesting Carrier notice of such immediate availability(i) the space to be provided and (ii) whether Ameritech can deliver the space to Requesting Carrier by the date set forth in Section 12.12.2(c).
(b) If Requesting Carrier’s 's requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after Ameritech's receipt of Requesting Carrier's Initial COBO Payment. Ameritech shall, within ten (10) Business Days after such initial walk-through. If a change or modification is noted at the initial walk-throughwalkthrough, Ameritech shall have no obligation provide documentation submitted to commence and received from contractors for any work being done on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that behalf of Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall that will be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritechbilled as extraordinary expenses.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s 's receipt of Requesting Carrier’s Collo Order's request for Collocation, (ii) ninety (90) days from the date receipt of the initial walk-through Requesting Carrier's Initial COBO Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) If Ameritech does not provide Requesting Carrier with its Collocated space by the Delivery Date and such delay is caused directly by Ameritech's actions or its failure to act (and not by a Requesting Carrier Delaying Event), Requesting Carrier shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(f) Ameritech may begin billing Requesting Carrier for recurring charges for the Collocated space on the date such space is made available to Requesting Carrier for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(f), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(fg) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and Requesting Carrier shall pay all costs to provide such Collocation.
(gh) At Requesting Carrier’s request Ameritech shall provide positive confirmation to Requesting Carrier when construction of Requesting Carrier Collocation space is fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. The Implementation Plan will include a process for APCS within threedetermining when construction is fifty percent (50%) complete.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) a. If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Qwest Communications Corporation's Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier Qwest Communications Corporation notice of such immediate availability.
(b) b. If Requesting Carrier’s Qwest Communications Corporation's requested Physical Collocation space is available, Ameritech and Requesting Carrier Qwest Communications Corporation shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s 's written consent, Requesting Carrier Qwest Communications Corporation must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- walk-through. If during the initial walk-through, Requesting Carrier Qwest Communications Corporation wishes to modify or change its Collo Request, Requesting Carrier Qwest Communications Corporation must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-walk through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Qwest Communications Corporation's Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier Qwest Communications Corporation does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Qwest Communications Corporation Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) c. Ameritech shall deliver to Requesting Carrier Qwest Communications Corporation the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s 's receipt of Requesting Carrier’s Qwest Communications Corporation's Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier Qwest Communications Corporation such space within the foregoing intervals (such date of delivery referred to as the “"Delivery Date”").
(d) d. Physical Collocation space ordered by Requesting Carrier Qwest Communications Corporation will be made available to Requesting Carrier Qwest Communications Corporation by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) e. If Ameritech may begin billing recurring charges for the does not provide Qwest Communications Corporation with its Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within threeby
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. 12716496.1 110201 1406C 00650405
(a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy 12716496.1 110201 1406C 00650405 Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within three
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting CarrierTCG’s Collo Orderrequest, Ameritech shall include in its Collo Response notice to Requesting Carrier notice of such immediate availability.
TCG (bi) the space to be provided and (ii) whether Ameritech can deliver the space to TCG by the date set forth in Section If Requesting CarrierTCG’s requested Physical Collocation space is available, Ameritech and Requesting Carrier TCG shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after Ameritech’s receipt of TCG’s Initial Payment. Ameritech shall, within ten (10) Business Days such initial walk-throughwalkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of TCG that will be billed as extraordinary expenses and provide for a parallel installation sequence. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier TCG the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting CarrierTCG’s Collo Orderrequest for Collocation, (ii) ninety (90) days from the date receipt of the initial walk-through TCG’s Initial Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier TCG such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) . Physical Collocation space ordered by Requesting Carrier TCG will be made available to Requesting Carrier TCG by Ameritech as more fully described in Section 1 of Schedule 12.12.
. If Ameritech does not provide TCG with its Collocated space by the Delivery Date and such delay is caused directly by Ameritech’s actions or its failure to act (e) and not by an TCG Delaying Event), TCG shall receive a credit of of its payment for each day after the applicable Delivery Date that such Collocated space is not made available. Ameritech may begin billing TCG for recurring charges for the Collocated space on the date such space is made available to TCG for occupancy (the “Occupancy Date”). Requesting Carrier TCG shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) TCG fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) TCG fails to Interconnect to the Ameritech network within one hundred fifty eighty (150180) days of the Occupancy DateDate or such other negotiated time as may be mutually agreed upon by the parties. If Requesting Carrier if TCG is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) TCG shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier TCG still requires Collocation in that Premises, Requesting Carrier TCG shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) . Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
, and TCG shall pay all costs to provide such Collocation. Ameritech shall provide positive to TCG when construction of TCG Collocated space is fifty percent (g50%) completed. This shall also include cordiition of the scheduled completion date and Delivery Date. The Implementation Plan will include a process for dete when construction is percent (50%) complete. At Requesting CarrierTCG’s request Ameritech shall provide, within three (3) months after receiving TCG’s Initial Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where Ameritech feasibly provide TCG with equipment node enclosures within such three (3) month period, Ameritech shall notify TCG of this fact within ten (10) Business Days from the initial walkthrough. The Parties shall then negotiate a reasonable time frame. After completion of construction, TCG and Ameritech will complete an acceptance walkthrough of all Collocated space requested from Ameritech. Exceptions that are noted during this acceptance walkthrough shall be corrected by Ameritech within thirty (30) days after the walkthrough. Ameritech shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from TCG’s original request for APCS within threeCollocation shall be at Ameritech’s expense, subject to any change orders requested by TCG.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within threethree (3) months after receiving Requesting Carrier’s (and, as applicable, each Resident Collocator’s) Initial COBO Payment or such other reasonable date the Parties agree upon pursuant to Section 12.12.2(c), equipment node enclosures at a height of eight (8) feet, without ceiling. Where Ameritech cannot feasibly provide Requesting Carrier with equipment node enclosures within the foregoing period, Ameritech shall notify Requesting Carrier of this fact within ten (10) Business Days from the later of (i) the walk-through and (ii) the receipt of Requesting Carrier’s Collo Order.
(h) After Ameritech completes its preparation of the Physical Collocation space, Requesting Carrier and Ameritech will complete an acceptance walk-through. Major exceptions that are noted during this acceptance walk-through shall be corrected by Ameritech within thirty (30) days after the walk-through while minor exceptions shall be corrected as soon as possible, commensurate with the materiality of such exceptions. Ameritech shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from Requesting Carrier’s original request for Collocation shall be at Ameritech’s expense, subject to any change orders requested by Requesting Carrier.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-walk- through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- walk-through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-walk- through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within threethree (3) months after receiving Requesting Carrier’s (and, as applicable, each Resident Collocator’s) Initial COBO Payment or such other reasonable date the Parties agree upon pursuant to Section 12.12.2(c), equipment node enclosures at a height of eight (8) feet, without ceiling. Where Ameritech cannot feasibly provide Requesting Carrier with equipment node enclosures within the foregoing period, Ameritech shall notify Requesting Carrier of this fact within ten (10) Business Days from the later of (i) the walk- through and (ii) the receipt of Requesting Carrier’s Collo Order.
(h) After Ameritech completes its preparation of the Physical Collocation space, Requesting Carrier and Ameritech will complete an acceptance walk-through. Major exceptions that are noted during this acceptance walk-through shall be corrected by Ameritech within thirty (30) days after the walk-through while minor exceptions shall be corrected as soon as possible, commensurate with the materiality of such exceptions. Ameritech shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from Requesting Carrier’s original request for Collocation shall be at Ameritech’s expense, subject to any change orders requested by Requesting Carrier.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order's request, Ameritech shall include in its Collo Response notice to Requesting Carrier notice of such immediate availability(i) the space to be provided and (ii) whether Ameritech can deliver the space to Requesting Carrier by the date set forth in Section 12.12.2(c).
(b) If Requesting Carrier’s 's requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after Ameritech's receipt of Requesting Carrier's Initial COBO Payment. Ameritech shall, within ten (10) Business Days after such initial walk-through. If a change or modification is noted at the initial walk-throughwalkthrough, Ameritech shall have no obligation provide documentation submitted to commence and received from contractors for any work being done on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that behalf of Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall that will be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritechbilled as extraordinary expenses.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s 's receipt of Requesting Carrier’s Collo Order's request for Collocation, (ii) ninety (90) days from the date receipt of the initial walk-through Requesting Carrier's Initial COBO Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”Delivery Date).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) If Ameritech does not provide Requesting Carrier with its Collocated space by the Delivery Date and such delay is caused directly by Ameritech's actions or its failure to act (and not by a Requesting Carrier Delaying Event), Requesting Carrier shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(f) Ameritech may begin billing Requesting Carrier for recurring charges for the Collocated space on the date such space is made available to Requesting Carrier for occupancy (the “Occupancy Date”Occupancy Date). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(f), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(fg) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and Requesting Carrier shall pay all costs to provide such Collocation.
(gh) Ameritech shall provide positive confirmation to Requesting Carrier when construction of Requesting Carrier Collocation space is fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. The Implementation Plan will include a process for determining when construction is fifty percent (50%) complete.
(i) At Requesting Carrier’s 's request Ameritech shall provide, within three (3) months after receiving Requesting Carrier's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where Ameritech cannot feasibly provide Requesting Carrier with equipment node enclosures within such three (3) month period, Ameritech shall notify Requesting Carrier of this fact within ten (10) Business Days from the later of (i) the walkthrough and (ii) the receipt of Requesting Carrier's request. The Parties shall then negotiate a reasonable time frame.
(j) After completion of construction, Requesting Carrier and Ameritech will complete an acceptance walkthrough of all Collocated space requested from Ameritech. Exceptions that are noted during this acceptance walkthrough shall be corrected by Ameritech within thirty (30) days after the walkthrough. Ameritech shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from Requesting Carrier's original request for APCS within threeCollocation shall be at Ameritech's expense, subject to any change orders requested by Requesting Carrier.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- walk-through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification 12716496.1 80509 940C 00650405 is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within threeor
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (aA) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order21st Century's request, Ameritech shall include in its Collo Response notice to Requesting Carrier notice of such immediate availability21st Century (i) the space to be provided and (ii) whether Ameritech can deliver the space to 21st Century by the date set forth in Section 12.12.2(c).
(bB) If Requesting Carrier’s 21st Century's requested Physical Collocation space is available, Ameritech and Requesting Carrier 21st Century shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after Ameritech's receipt of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech21st Century's Initial COBO Payment.
(cC) Ameritech shall deliver to Requesting Carrier 21st Century the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s 's receipt of Requesting Carrier’s Collo Order21st Century's request for Collocation, (ii) ninety (90) days from the date receipt of the initial walk-through 21st Century's Initial COBO Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier 21st Century such space within the foregoing intervals (such date of delivery referred to as the “"Delivery Date”").
(dD) Physical Collocation space ordered by Requesting Carrier 21st Century will be made available to Requesting Carrier 21st Century by Ameritech as more fully described in Section 1 of Schedule 12.12.
(eE) If Ameritech does not provide 21st Century with its Collocated space by the Delivery Date and such delay is caused directly by Ameritech's actions or its failure to act (and not by an 21st Century Delaying Event), 21st Century shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(F) Ameritech may begin billing 21st Century for recurring charges for the Collocated space on the Occupancy Date. For purposes of this Article XII, "Occupancy Date" shall mean the date on which (i) the Parties have completed the acceptance walkthrough of 21st Century's Physical Collocation Space and (ii) no bona fide exceptions for such space is made available for occupancy (the “Occupancy Date”)have been noted or remain outstanding. Requesting Carrier 21st Century shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) 21st Century fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) 21st Century fails to Interconnect to the Ameritech network within one hundred and fifty (150) days of the Occupancy Date. If Requesting Carrier 21st Century is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(f), Requesting Carrier (and its Resident Collocators) 21st Century shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier 21st Century still requires Collocation in that Premises, Requesting Carrier 21st Century shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within three
Appears in 1 contract
Samples: Interconnection Agreement (21st Century Telecom Group Inc)
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order's request, Ameritech shall include in its Collo Response notice to Requesting Carrier notice of such immediate availability(i) the space to be provided and (ii) whether Ameritech can deliver the space to Requesting Carrier by the date set forth inSection 12.12.2(c).
(b) If Requesting Carrier’s 's requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after Ameritech's receipt of Requesting Carrier's Initial COBO Payment. Ameritech shall, within ten (10) Business Days after such initial walk-through. If a change or modification is noted at the initial walk-throughwalkthrough, Ameritech shall have no obligation provide documentation submitted to commence and received from contractors for any work being done on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that behalf of Requesting Carrier does not wish to pursue such change or modification. Failure to that will be billed as extraordinary expenses and provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed for a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritechparallel installation sequence.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s 's receipt of Requesting Carrier’s Collo Order's request for Collocation, (ii) ninety (90) days from the date receipt of the initial walk-through Requesting Carrier's Initial COBO Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) If Ameritech does not provide Requesting Carrier with its Collocated space by the Delivery Date and such delay is caused directly by Ameritech's actions or its failure to act (and not by an Requesting Carrier Delaying Event), Requesting Carrier shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(f) Ameritech may begin billing Requesting Carrier for recurring charges for the Collocated space on the date such space is made available to Requesting Carrier for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(f), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(fg) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and Requesting Carrier shall pay all costs to provide such Collocation.
(gh) Ameritech shall provide positive confirmation to Requesting Carrier when construction of Requesting Carrier Collocated space is fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. The Implementation Plan will include a process for determining when construction is fifty percent (50%) complete.
(i) At Requesting Carrier’s 's request Ameritech shall provide, within three (3) months after receiving Requesting Carrier's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where Ameritech cannot feasibly provide Requesting Carrier with equipment node enclosures within such three (3) month period, Ameritech shall notify Requesting Carrier of this fact within ten (10) Business Days from the receipt of Requesting Xxxxxxx's request. The Parties shall then negotiate a reasonable time frame.
(j) After completion of construction, Requesting Carrier and Ameritech will complete an acceptance walkthrough of all Collocated space requested from Ameritech. Exceptions that are noted during this acceptance walkthrough shall be corrected by Ameritech within thirty (30) days after the walkthrough. Ameritech shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from Requesting Carrier's original request for APCS within threeCollocation shall be at Ameritech's expense, subject to any change orders requested by Requesting Carrier.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date receipt of the initial walk-through Requesting Carrier’s Initial COBO Payment (as provided on Schedule 12.12) and Requesting Carrier’s firm order for such space and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) If Ameritech does not make available to Requesting Carrier its Collocated space by the Delivery Date and such delay is caused directly by Ameritech’s actions or its failure to act (and not by a Requesting Carrier Delaying Event), Requesting Carrier shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(f) Ameritech may begin billing Requesting Carrier for recurring charges for the Collocated space on the date such space is made available to Requesting Carrier for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(f), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(fg) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and Requesting Carrier shall pay all costs to provide such Collocation.
(gh) At Requesting Carrier’s request Ameritech shall provide positive confirmation to Requesting Carrier when construction of Requesting Carrier Collocation space is fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. The Implementation Plan will include a process for APCS within threedetermining when construction is fifty percent (50%) complete.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo OrderIntermedia's request, Ameritech CBT shall include in its Collo Response notice to Requesting Carrier notice of such immediate availabilityIntermedia (i) the space to be provided and (ii) whether CBT can deliver the space to Intermedia by the date set forth in Section 12.12.2(c).
(b) If Requesting CarrierIntermedia’s requested Physical Collocation space is available, Ameritech CBT and Requesting Carrier Intermedia shall have an initial walk-through walkthrough of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one ten (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (510) Business Days after CBT’s receipt of Intermedia’s Initial COBO Payment. CBT shall, within ten (10) Business Days after such initial walk-through. If walkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of Intermedia that will be billed as extraordinary expenses and provide for a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritechparallel installation sequence.
(c) Ameritech CBT shall deliver to Requesting Carrier Intermedia the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s CBT's receipt of Requesting Carrier’s Collo OrderIntermedia's request for Collocation, (ii) ninety one hundred twenty (90120) days from the date receipt of the initial walk-through Intermedia's Initial COBO Payment (as provided on Schedule 12.12) and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech CBT to deliver to Requesting Carrier Intermedia such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered requested by Requesting Carrier Intermedia will be made available to Requesting Carrier Intermedia by Ameritech CBT as more fully described in Section 1 of Schedule 12.12.
(e) Ameritech If CBT does not provide Intermedia with its Collocated space by the Delivery Date and such delay is caused directly by CBT's actions or its failure to act (and not by an Intermedia Delaying Event), Intermedia shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available.
(f) CBT may begin billing Intermedia for recurring charges for the Collocated space on the Occupancy Date. For purposes of this Article XII, “Occupancy Date” shall mean the date on which such space is made available for occupancy Intermedia's use (i) the “Occupancy Date”)Parties have completed the acceptance walkthrough of Intermedia's Physical Collocation Space and (ii) no material exceptions for such space have been noted or remain outstanding. Requesting Carrier Intermedia shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) Intermedia fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) Intermedia fails to Interconnect to the Ameritech CBT network within one hundred and fifty (150) days of the Occupancy Date. If Requesting Carrier Intermedia is required to vacate the space pursuant to this Section 12.12.2(e12.12.2(f), Requesting Carrier (and its Resident Collocators) Intermedia shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier Intermedia still requires Collocation in that Premises, Requesting Carrier Intermedia shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within three
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- walk-through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or 12716496.1 103008 1100C 00650405 written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s receipt of Requesting Carrier’s Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “Delivery Date”).
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12.
(e) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “Occupancy Date”). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e), Requesting Carrier (and its Resident Collocators) shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.
(f) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within threeor
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of Requesting Carrier’s Collo Carriers Coll Order, Ameritech shall include in its Collo Response to Requesting Carrier notice of such immediate availability.
(b) If Requesting Carrier’s 's requested Physical Collocation space is available, Ameritech and Requesting Carrier shall have an initial walk-through of such space within the interval specified in the Implementation Plan. Absent Ameritech’s 's written consent, Requesting Carrier must have at least one (1) authorized employee (i.e., in addition to any authorized vendor) at such walk- walk-through. If during the initial walk-through, Requesting Carrier wishes to modify or change its Collo Request, Requesting Carrier must sign or initial any such modifications or changes and provide Ameritech a change order reflecting same within five (5) Business Days of such initial walk-through. If a change or modification is noted at the initial walk-through, Ameritech shall have no obligation to commence work on Requesting Carrier’s Carriers Collocation space until it receives a change order to amend the Collo Request or written confirmation that Requesting Carrier does not wish to pursue such change or modification. Failure to provide Ameritech the change order or written confirmation within the foregoing five (5) Business Day period shall be deemed a Requesting Carrier Delaying Event for the period between the expiration of such five (5) day period and the date of actual receipt by Ameritech.
(c) Ameritech shall deliver to Requesting Carrier the requested space on or before the later of (i) one hundred twenty (120) days from Ameritech’s Ameritechs receipt of Requesting Carrier’s 's Collo Order, (ii) ninety (90) days from the date of the initial walk-through and (iii) such other reasonable date that the Parties may agree upon if it is not feasible for Ameritech to deliver to Requesting Carrier such space within the foregoing intervals (such date of delivery referred to as the “"Delivery Date”").
(d) Physical Collocation space ordered by Requesting Carrier will be made available to Requesting Carrier by Ameritech as more fully described in Section 1 of Schedule 12.12. --------- --------------
(e) if Ameritech does not provide Requesting Carrier with its Collocated space by the Delivery Date and Requesting Carrier is unable to begin installing its equipment (i.e., the defects are material) and such delay is caused directly by Ameritech's actions or its failure to act (and not by a Requesting Carrier Delaying Event), Requesting Carrier shall receive a credit of 1/120th of its COBO payment for each day after the applicable Delivery Date that such Collocated space is not made available for installation of equipment.
(ef) Ameritech may begin billing recurring charges for the Collocated space on the date such space is made available for occupancy (the “"Occupancy Date”"). Requesting Carrier shall vacate the Collocated space if either (i) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection with Ameritech and/or access to Ameritech’s 's unbundled Network Elements to be housed in such space or (ii) Requesting Carrier (or one of its Resident Collocators, if applicable) fails to Interconnect to the Ameritech network within one hundred fifty (150) days of the Occupancy Date. If Requesting Carrier is required to vacate the space pursuant to this Section 12.12.2(e------- 12.12.2(f), Requesting Carrier (and its Resident Collocators) shall ---------- vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, Requesting Carrier still requires Collocation in that Premises, Requesting Carrier shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.12.1.. ---------------
(fg) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12.
(g) At Requesting Carrier’s request Ameritech shall provide for APCS within three. ----------- --------------
Appears in 1 contract
Samples: Interconnection Agreement (Madison River Capital LLC)
