Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of CLEC's request, SBC-AMERITECH shall include in its notice to CLEC: (i) the space to be provided, and (ii) whether SBC- AMERITECH can deliver the space to CLEC by the date set forth in Section 12.15.2(d). (b) At CLEC’s request, SBC-AMERITECH will make cageless collocation available to CLEC in single-bay (10 square feet) or single cabinet (18 square feet) increments. A cageless collocation is one in which CLEC collocates in any unused space that is conditioned to house its equipment. CLEC is not required to construct any enclosure of its equipment. CLEC may locate equipment at any location in the Central Office, up to SBC-AMERITECH’s last unreserved bay space in that central office. In the case of Remote Terminal Cabinet, Controlled Environment Vault or Hut cageless collocation will be offered in increments of one (1) shelf. (c) If CLEC's requested Physical Collocation space is available, SBC- AMERITECH and CLEC shall have an initial walkthrough of such space within ten (10) Business Days after SBC-AMERITECH's receipt of CLEC's Initial COBO Payment. SBC-AMERITECH shall, within ten (10) Business Days after such initial walkthrough, 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. (d) SBC-AMERITECH shall deliver to CLEC the requested space on or before the later of: (i) ninety (90) days from SBC-AMERITECH's receipt of CLEC's Initial COBO Payment, where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Active (conditioned) Central Office space, (ii) one hundred and fifty (150) days from SBC-AMERITECH’s receipt of CLEC Initial COBO Payment where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Inactive (non- conditioned) Central Office space, or (iii) such other reasonable date that the Parties may agree upon (such date of delivery referred to as the “Delivery Date”). (e) SBC-AMERITECH will provide reduced intervals to CLEC where CLEC has existing collocation space and CLEC requests different interconnection arrangements in that existing space. Collocation arrangements shall be provided pursuant to Schedule 12.15.2. (f) Physical Collocation space ordered by CLEC will be made available to CLEC by SBC-AMERITECH as more fully described in Schedule 12.16. (g) If SBC-AMERITECH does not provide CLEC with its Collocated space by the Delivery Date and such delay is caused directly by SBC- AMERITECH's actions or its failure to act (and not by an CLEC Delaying Event), CLEC shall receive a credit of one ninetieth (1/90th) of its COBO payment for each day after the applicable Delivery Date that such conditioned Collocated space is not made available and one one hundred and fiftieth (1/150th) of its COBO payment for each day after the applicable Delivery Date that such non-conditioned Collocated space is not available. (h) SBC-AMERITECH may begin billing CLEC for recurring charges for the Collocated space on the date such space is made available to CLEC for occupancy (the “Occupancy Date”), if the Occupancy Date occurs on, or after the Committed Delivery Date. CLEC will not be obligated to begin paying for space if said space is delivered prior to the Committed Delivery Date and CLEC is not ready to take possession. CLEC shall vacate the Collocated space if either: (i) CLEC fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection and/or access to Unbundled Network Elements to be housed in such space, or (ii) CLEC fails to Interconnect to the SBC-AMERITECH network within one hundred and fifty (150) days of the Occupancy Date. If CLEC is required to vacate the space pursuant to this Section 12.15.2(h), CLEC shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, CLEC still requires Collocation in that Premises, CLEC shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.15.1. (i) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and CLEC shall pay SBC-AMERITECH no more than a pro-rated cost for space preparation security measures and other charges based on the percentage of total space actually used by CLEC. (j) SBC-AMERITECH shall provide positive confirmation to CLEC when construction of CLEC 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. (k) At CLEC's request SBC-AMERITECH shall provide, within three (3) months after receiving CLEC's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-AMERITECH cannot feasibly provide CLEC with equipment node enclosures within such three (3) month period, SBC- AMERITECH shall notify CLEC of this fact within ten (10) Business Days from the receipt of CLEC's request. The Parties shall then negotiate a reasonable time frame. (l) After completion of construction, CLEC and SBC-AMERITECH will complete an acceptance walkthrough of all Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC-AMERITECH within thirty (30) days after the walkthrough. SBC-AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from CLEC's original request for Collocation shall be at SBC-AMERITECH's expense, subject to any change orders requested by CLEC. (m) Caged Physical Collocation will be available in fifty (50) square foot increments with the minimum size cage being fifty (50) square feet.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of CLECAT&T's request, SBC-AMERITECH shall include in its notice to CLECAT&T: (i) the space to be provided, and (ii) whether SBC- AMERITECH can deliver the space to CLEC AT&T by the date set forth in Section 12.15.2(d).
(b) At CLECAT&T’s request, SBC-AMERITECH will make cageless collocation available to CLEC AT&T in single-bay (10 square feet) or single cabinet (18 square feet) increments. A cageless collocation is one in which CLEC AT&T collocates in any unused space that is conditioned to house its equipment. CLEC AT&T is not required to construct any enclosure of its equipment. CLEC AT&T may locate equipment at any location in the Central Office, up to SBC-AMERITECH’s last unreserved bay space in that central office. In the case of Remote Terminal Cabinet, Controlled Environment Vault or Hut cageless collocation will be offered in increments of one (1) shelf.
(c) If CLECAT&T's requested Physical Collocation space is available, SBC- AMERITECH and CLEC AT&T shall have an initial walkthrough of such space within ten (10) Business Days after SBC-AMERITECH's receipt of CLECAT&T's Initial COBO Payment. SBC-AMERITECH shall, within ten (10) Business Days after such initial walkthrough, provide documentation submitted to and received from contractors for any work being done on behalf of CLEC AT&T that will be billed as extraordinary expenses and provide for a parallel installation sequence.
(d) SBC-AMERITECH The Parties acknowledge that Physical Collocation Delivery Intervals are the subject of an FCC Proceeding. Until such time as the FCC issues its final decision, the Parties shall deliver to CLEC abide by the requested space on or before the later of: (i) ninety (90) days from SBC-AMERITECH's receipt of CLEC's Initial COBO Payment, where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space physical collocation delivery intervals set forth in Active (conditioned) Central Office space, (ii) one hundred and fifty (150) days from SBC-AMERITECH’s receipt of CLEC Initial COBO Payment where applicable (as provided on Schedule 12.12) for CagedIllinois Tariff ILL. CC. No. 20, Shared Cage Part 23, Section 4, paragraphs 11 b. through d., and Cageless space in Inactive (non- conditioned) Central Office space14 a., or (iii) such other reasonable date that the Parties may agree upon (such date of delivery referred to as the “Delivery Date”).b., d., e., and f.
(e) SBC-AMERITECH will provide reduced intervals to CLEC AT&T where CLEC AT&T has existing collocation space and CLEC AT&T requests different interconnection arrangements in that existing space. Collocation arrangements shall be provided pursuant to Schedule 12.15.2.
(f) Physical Collocation space ordered by CLEC AT&T will be made available to CLEC AT&T by SBC-AMERITECH as more fully described in Schedule 12.16.
(g) If SBC-AMERITECH does not provide CLEC AT&T with its Collocated space by the Delivery Date and such delay is caused directly by SBC- AMERITECH's actions or its failure to act (and not by an CLEC AT&T Delaying Event), CLEC AT&T shall receive a credit of one ninetieth (1/90th) of its COBO payment for each day after the applicable Delivery Date that such conditioned Collocated space is not made available and one one hundred and fiftieth (1/150th) of its COBO payment for each day after the applicable Delivery Date that such non-conditioned Collocated space is not available.
(h) SBC-AMERITECH may begin billing CLEC AT&T for recurring charges for the Collocated space on the date such space is made available to CLEC AT&T for occupancy (the “Occupancy Date”), if the Occupancy Date occurs on, or after the Committed Delivery Date. CLEC AT&T will not be obligated to begin paying for space if said space is delivered prior to the Committed Delivery Date and CLEC AT&T is not ready to take possession. CLEC AT&T shall vacate the Collocated space if either: (i) CLEC AT&T fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection and/or access to Unbundled Network Elements to be housed in such space, or (ii) CLEC AT&T fails to Interconnect to the SBC-AMERITECH network within one hundred and fifty (150) days of the Occupancy Date. If CLEC AT&T is required to vacate the space pursuant to this Section 12.15.2(h), CLEC AT&T shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, CLEC AT&T still requires Collocation in that Premises, CLEC AT&T shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.15.1.
(i) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and CLEC AT&T shall pay SBC-AMERITECH no more than a pro-rated cost for space preparation security measures and other charges based on the percentage of total space actually used by CLEC.AT&T.
(j) SBC-AMERITECH shall provide positive confirmation to CLEC AT&T when construction of CLEC AT&T 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.
(k) At CLECAT&T's request SBC-AMERITECH shall provide, within three (3) months after receiving CLECAT&T's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-AMERITECH cannot feasibly provide CLEC AT&T with equipment node enclosures within such three (3) month period, SBC- AMERITECH shall notify CLEC AT&T of this fact within ten (10) Business Days from the receipt of CLECAT&T's request. The Parties shall then negotiate a reasonable time frame.
(l) After completion of construction, CLEC AT&T and SBC-AMERITECH will complete an acceptance walkthrough of all Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC-AMERITECH within thirty (30) days after the walkthrough. SBC-AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from CLECAT&T's original request for Collocation shall be at SBC-AMERITECH's expense, subject to any change orders requested by CLEC.AT&T.
(m) Caged Physical Collocation will be available in fifty (50) square foot increments with the minimum size cage being fifty (50) square feet.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of CLEC's request, SBC-AMERITECH SBC -AMERITECH shall include in its notice to CLEC: (i) the space to be provided, and (ii) whether SBC- AMERITECH can deliver the space to CLEC by the date set forth in Section 12.15.2(d).
(b) At CLEC’s request, SBC-AMERITECH will make cageless collocation available to CLEC in single-bay (10 square feet) or single cabinet (18 square feet) increments. A cageless collocation is one in which CLEC collocates in any unused space that is conditioned to house its equipment. CLEC is not required to construct any enclosure of its equipment. CLEC may locate equipment at any location in the Central Office, up to SBC-AMERITECH’s last unreserved bay space in that central office. In the case of Remote Terminal Cabinet, Controlled Environment Vault or Hut cageless collocation will be offered in increments of one (1) shelf.
(c) If CLEC's requested Physical Collocation space is available, SBC- AMERITECH and CLEC shall have an initial walkthrough of such space within ten (10) Business Days after SBC-AMERITECH's receipt of CLEC's Initial COBO Payment. SBC-AMERITECH shall, within ten te n (10) Business Days after such initial walkthrough, 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.
(d) SBC-AMERITECH shall deliver to CLEC the requested space on or before the later of: (i) ninety (90) days from SBC-AMERITECH's receipt of CLEC's Initial COBO Payment, where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Active (conditioned) Central Office space, (ii) one hundred and fifty (150) days from SBC-AMERITECH’s receipt of CLEC Initial COBO Payment where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Inactive (non- conditioned) Central Office space, or (iii) such other reasonable date that the Parties may agree upon (such date of delivery referred to as the “Delivery Date”).
(e) SBC-AMERITECH will provide reduced intervals to CLEC where CLEC has existing collocation space and CLEC requests different interconnection arrangements in that existing space. Collocation arrangements shall be provided pursuant to Schedule 12.15.2.
(f) Physical Collocation space ordered by CLEC will be made available to CLEC by SBC-AMERITECH as more fully described in Schedule 12.16.Schedule
(g) If SBC-AMERITECH does not provide CLEC with its Collocated space by the Delivery Date and such delay is caused directly by SBC- AMERITECH's actions or its failure to act (and not by an CLEC Delaying Event), CLEC shall receive a credit of one ninetieth (1/90th) of its COBO payment for each day after the applicable Delivery Date that such conditioned Collocated space is not made available and one one hundred and fiftieth (1/150th) of its COBO payment for each day after the applicable Delivery Date that such non-conditioned Collocated space is not available.
(h) SBC-AMERITECH may begin billing CLEC for recurring charges for the Collocated space on the date such space is made available to CLEC for occupancy (the “Occupancy Date”), if the Occupancy Date occurs on, or after the Committed Delivery Date. CLEC will not be obligated to begin paying for space if said space is delivered prior to the Committed Delivery Date and CLEC is not ready to take possession. CLEC shall vacate the Collocated space if either: (i) CLEC fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection and/or access to Unbundled Network Elements to be housed in such space, or (ii) CLEC fails to Interconnect to the SBC-AMERITECH network within one hundred and fifty (150) days of the Occupancy Date. If CLEC is required to vacate the space pursuant to this Section 12.15.2(h), CLEC shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, CLEC still requires Collocation in that Premises, CLEC shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.15.1.
(i) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and CLEC shall pay SBC-AMERITECH no more than a pro-rated cost for space preparation security measures and other charges based on the percentage of total oftotal space actually used by CLEC.
(j) SBC-AMERITECH shall provide positive confirmation to CLEC when construction of CLEC 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.
(k) At CLEC's request SBC-AMERITECH shall provide, within three (3) months after receiving CLEC's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-AMERITECH cannot feasibly provide CLEC with equipment node enclosures within such three (3) month period, SBC- AMERITECH shall notify CLEC of this fact within ten (10) Business Days from the receipt of CLEC's request. The Parties shall then negotiate a reasonable time frame.
(l) After completion of construction, CLEC and SBC-AMERITECH will complete an acceptance walkthrough of all Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC-AMERITECH within thirty (30) days after the walkthrough. SBC-AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from CLEC's original request for Collocation shall be at SBC-AMERITECH's expense, subject to any change orders requested by CLEC.
(m) Caged Physical Collocation will be available in fifty (50) square foot increments with the minimum size cage being fifty (50) square feet.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of CLEC's request, SBC-AMERITECH shall include in its notice to CLEC: (i) the space to be provided, and (ii) whether SBC- SBC-AMERITECH can deliver the space to CLEC by the date set forth in Section 12.15.2(d).
(b) At CLEC’s request, SBC-AMERITECH will make cageless collocation available to CLEC in single-bay (10 square feet) or single cabinet (18 square feet) increments. A cageless collocation is one in which CLEC collocates in any unused space that is conditioned to house its equipment. CLEC is not required to construct any enclosure of its equipment. CLEC may locate equipment at any location in the Central Office, up to SBC-AMERITECH’s last unreserved bay space in that central office. In the case of Remote Terminal Cabinet, Controlled Environment Vault or Hut cageless collocation will be offered in increments of one (1) shelf.
(c) If CLEC's requested Physical Collocation space is available, SBC- AMERITECH and CLEC shall have an initial walkthrough of such space within ten (10) Business Days after SBC-AMERITECH's receipt of CLEC's Initial COBO Payment. SBC-AMERITECH shall, within ten (10) Business Days after such initial walkthrough, 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.
(d) SBC-AMERITECH shall deliver to CLEC the requested space on or before the later of: (i) ninety (90) days from SBC-AMERITECH's receipt of CLEC's Initial COBO Payment, where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Active (conditioned) Central Office space, (ii) one hundred and fifty (150) days from SBC-SBC- AMERITECH’s receipt of CLEC Initial COBO Payment where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Inactive (non- non-conditioned) Central Office space, or (iii) such other reasonable date that the Parties may agree upon (such date of delivery referred to as the “Delivery Date”).
(e) SBC-AMERITECH will provide reduced intervals to CLEC where CLEC has existing collocation space and CLEC requests different interconnection arrangements in that existing space. Collocation arrangements shall be provided pursuant to Schedule 12.15.2.
(f) Physical Collocation space ordered by CLEC will be made available to CLEC by SBC-AMERITECH as more fully described in Schedule 12.16.
(g) If SBC-AMERITECH does not provide CLEC with its Collocated space by the Delivery Date and such delay is caused directly by SBC- SBC-AMERITECH's actions or its failure to act (and not by an CLEC Delaying Event), CLEC shall receive a credit of one ninetieth (1/90th) of its COBO payment for each day after the applicable Delivery Date that such conditioned Collocated space is not made available and one one hundred and fiftieth (1/150th) of its COBO payment for each day after the applicable Delivery Date that such non-conditioned Collocated space is not available.
(h) SBC-AMERITECH may begin billing CLEC for recurring charges for the Collocated space on the date such space is made available to CLEC for occupancy (the “Occupancy Date”), if the Occupancy Date occurs on, or after the Committed Delivery Date. CLEC will not be obligated to begin paying for space if said space is delivered prior to the Committed Delivery Date and CLEC is not ready to take possession. CLEC shall vacate the Collocated space if either: (i) CLEC fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection and/or access to Unbundled Network Elements to be housed in such space, or (ii) CLEC fails to Interconnect to the SBC-AMERITECH network within one hundred and fifty (150) days of the Occupancy Date. If CLEC is required to vacate the space pursuant to this Section 12.15.2(h), CLEC shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, CLEC still requires Collocation in that Premises, CLEC shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.15.1.
(i) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and CLEC shall pay SBC-SBC- AMERITECH no more than a pro-rated cost for space preparation security measures and other charges based on the percentage of total space actually used by CLEC.
(j) SBC-AMERITECH shall provide positive confirmation to CLEC when construction of CLEC 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.
(k) At CLEC's request SBC-AMERITECH shall provide, within three (3) months after receiving CLEC's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-SBC- AMERITECH cannot feasibly provide CLEC with equipment node enclosures within such three (3) month period, SBC- SBC-AMERITECH shall notify CLEC of this fact within ten (10) Business Days from the receipt of CLEC's request. The Parties shall then negotiate a reasonable time frame.
(l) After completion of construction, CLEC and SBC-AMERITECH will complete an acceptance walkthrough of all Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC-AMERITECH within thirty (30) days after the walkthrough. SBC-AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from CLEC's original request for Collocation shall be at SBC-AMERITECH's expense, subject to any change orders requested by CLEC.
(m) Caged Physical Collocation will be available in fifty (50) square foot increments with the minimum size cage being fifty (50) square feet.
Appears in 1 contract
Samples: Interconnection Agreement
Physical Collocation. (a) If space for Physical Collocation is immediately available at the time of CLEC's request, SBC-AMERITECH SBC shall include in its notice to CLEC: (i) the space to be provided, and (ii) whether SBC- AMERITECH SBC can deliver the space to CLEC by the date set forth in Section 12.15.2(d).
(b) At CLEC’s request, SBC-AMERITECH SBC will make cageless collocation available to CLEC in single-bay (10 square feet) or single cabinet (18 square feet) increments. A cageless collocation is one in which CLEC collocates in any unused space that is conditioned to house its equipment. CLEC is not required to construct any enclosure of its equipment. CLEC may locate equipment at any location in the Central Office, up to SBC-AMERITECH’s last unreserved bay space in that central office. In the case of Remote Terminal Cabinet, Controlled Environment Vault or Hut cageless collocation will be offered in increments of one (1) shelf.
(c) If CLEC's requested Physical Collocation space is available, SBC- AMERITECH SBC and CLEC shall have an initial walkthrough of such space within ten (10) Business Days after SBC-AMERITECH's receipt of CLEC's Initial COBO Payment. SBC-AMERITECH SBC shall, within ten (10) Business Days after such initial walkthrough, 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.
(d) SBC-AMERITECH SBC shall deliver to CLEC the requested space on or before the later of: (i) ninety (90) days from SBC-AMERITECH's receipt of CLEC's Initial COBO Payment, where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Active (conditioned) Central Office space, (ii) one hundred and fifty (150) days from SBC-AMERITECH’s receipt of CLEC Initial COBO Payment where applicable (as provided on Schedule 12.12) for Caged, Shared Cage and Cageless space in Inactive (non- non-conditioned) Central Office space, or (iii) such other reasonable date that the Parties may agree upon (such date of delivery referred to as the “Delivery Date”).
(e) SBC-AMERITECH SBC will provide reduced intervals to CLEC where CLEC has existing collocation space and CLEC requests different interconnection arrangements in that existing space. Collocation arrangements shall be provided pursuant to Schedule 12.15.2.
(f) Physical Collocation space ordered by CLEC will be made available to CLEC by SBC-AMERITECH SBC as more fully described in Schedule 12.16.
(g) If SBC-AMERITECH SBC does not provide CLEC with its Collocated space by the Delivery Date and such delay is caused directly by SBC- AMERITECHSBC's actions or its failure to act (and not by an CLEC Delaying Event), CLEC shall receive a credit of one ninetieth (1/90th) of its COBO payment for each day after the applicable Delivery Date that such conditioned Collocated space is not made available and one one hundred and fiftieth (1/150th) of its COBO payment for each day after the applicable Delivery Date that such non-conditioned Collocated space is not available.
(h) SBC-AMERITECH SBC may begin billing CLEC for recurring charges for the Collocated space on the date such space is made available to CLEC for occupancy (the “Occupancy Date”), if the Occupancy Date occurs on, or after the Committed Delivery Date. CLEC will not be obligated to begin paying for space if said space is delivered prior to the Committed Delivery Date and CLEC is not ready to take possession. CLEC shall vacate the Collocated space if either: (i) CLEC fails to install within ninety (90) days of the Occupancy Date the equipment necessary for Interconnection and/or access to Unbundled Network Elements to be housed in such space, or (ii) CLEC fails to Interconnect to the SBC-AMERITECH SBC network within one hundred and fifty (150) days of the Occupancy Date. If CLEC is required to vacate the space pursuant to this Section 12.15.2(h), CLEC shall vacate such space within ninety (90) Business Days of the earliest to occur of the foregoing events. If, after vacating a space, CLEC still requires Collocation in that Premises, CLEC shall be required to submit a new request for Collocation pursuant to the provisions of Section 12.15.1.
(i) Physical Collocation will be subject to the additional rules and regulations set forth in Section 2.0 of Schedule 12.12, and CLEC shall pay SBC-AMERITECH SBC no more than a pro-rated cost for space preparation security measures and other charges based on the percentage of total space actually used by CLEC.
(j) SBC-AMERITECH SBC shall provide positive confirmation to CLEC when construction of CLEC 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.
(k) At CLEC's request SBC-AMERITECH SBC shall provide, within three (3) months after receiving CLEC's Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-AMERITECH SBC cannot feasibly provide CLEC with equipment node enclosures within such three (3) month period, SBC- AMERITECH SBC shall notify CLEC of this fact within ten (10) Business Days from the receipt of CLEC's request. The Parties shall then negotiate a reasonable time frame.
(l) After completion of construction, CLEC and SBC-AMERITECH will complete an acceptance walkthrough of all Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC-AMERITECH within thirty (30) days after the walkthrough. SBC-AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from CLEC's original request for Collocation shall be at SBC-AMERITECH's expense, subject to any change orders requested by CLEC.
(m) Caged Physical Collocation will be available in fifty (50) square foot increments with the minimum size cage being fifty (50) square feet.ten
Appears in 1 contract
Samples: Interconnection Agreement