Common use of Reimbursement for the Creation or Use of Additional Capacity Clause in Contracts

Reimbursement for the Creation or Use of Additional Capacity. If any additional capacity is created as a result of make-ready work performed to accommodate Attaching Party’s facilities, Attaching Party shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to SBC-13STATE for the use of such additional capacity. If SBC-13STATE utilizes additional space or capacity created at Attaching Party’s expense, SBC-13STATE will reimburse Attaching Party on a pro-rata basis for SBC-13STATE’s share, if any, of Attaching Party’s capacity expansion costs, to the extent reimbursement is required by applicable rules, regulations, and commission orders. SBC- 13STATE will notify the Attaching Party if any entity, including SBC-13STATE, attaches facilities to additional capacity on SBC-13STATE’s Structure created at the Attaching Party’s expense. SBC-13STATE shall not be required to collect or remit any such amounts to Attaching Party, to resolve or adjudicate disputes over reimbursement between Attaching Party and Other Users.