Common use of Responsibility for Emergency Repairs; Access to Maintenance Duct Clause in Contracts

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate plans and practices enabling such party to make such repairs. (a) Nothing contained in this Agreement shall be construed as requiring either party to perform any repair or service restoration work of any kind with respect to the other party’s facilities or the facilities of joint users. (b) Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBT, Applicant, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity using the maintenance duct for emergency repair activities shall immediately notify SWBT of such use and must either vacate the maintenance duct within 30 days or, with SWBT’s consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity occupies the maintenance duct. The parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) If necessary, other unoccupied ducts or inner ducts may be used on a short- term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate plans and practices enabling such party to make such repairs. (a) Nothing contained in this Agreement shall be construed as requiring either party to perform any repair or service restoration work of any kind with respect to the other party’s facilities or the facilities of joint users. (b) Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBT, Applicant, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity using the maintenance duct for emergency repair activities shall immediately notify SWBT of such use and must either vacate the maintenance duct within 30 days or, with SWBT’s consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity occupies the maintenance duct. The parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) If necessary, other unoccupied ducts or inner ducts may be used on a short- short-term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate plans and practices enabling such party which will enable it to make such emergency repairs. (a) Nothing contained in this Agreement Appendix shall be construed as requiring either party to perform any repair or service restoration work of any kind with respect to the other party’s facilities or the facilities of joint users. (b) Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBTSBC MISSOURI, ApplicantCLEC, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity party using the maintenance duct for emergency repair activities shall immediately notify SWBT SBC MISSOURI of such use and must either vacate the maintenance duct within 30 days or, with SWBT’s SBC MISSOURI’S consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the a designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity party occupies the maintenance duct. The parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) If necessary, other unoccupied ducts or inner ducts may be used on a short- short-term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate plans and practices enabling such party which will enable it to make such emergency repairs. (a) Nothing contained in this Agreement Appendix shall be construed as requiring either party to perform any repair or service restoration work of any kind with respect to the other party’s facilities or the facilities of joint users. (b) Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBTSBC MISSOURI, ApplicantCLEC, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity party using the maintenance duct for emergency repair activities shall immediately notify SWBT SBC MISSOURI of such use and must either vacate the maintenance duct within 30 days or, with SWBTSBC MISSOURI’s consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the a designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity party occupies the maintenance duct. The parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) If necessary, other unoccupied ducts or inner ducts may be used on a short- short-term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate plans and practices enabling such party which will enable it to make such emergency repairs. (a) Nothing contained in this Agreement Appendix shall be construed as requiring either party to perform any repair or service restoration work of any kind with respect to the other party’s facilities or the facilities of joint users. (b) Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBTSBC NEVADA, ApplicantAT&T, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity party using the maintenance duct for emergency repair activities shall immediately notify SWBT SBC NEVADA of such use and must either vacate the maintenance duct within 30 days or, with SWBTSBC NEVADA’s consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the a designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity party occupies the maintenance duct. The parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) If necessary, other unoccupied ducts or inner ducts may be used on a short- short-term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party Party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate plans and practices enabling such party Party to make such repairs. (a) 15.2.1 Nothing contained in this Agreement shall be construed as requiring either party Party to perform any repair or service restoration work of any kind with respect to the other partyParty’s facilities or the facilities of joint users. (b) 15.2.2 Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBTNEVADA, Applicant, other competitive local service exchange providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity using the maintenance duct for emergency repair activities shall immediately notify SWBT NEVADA of such use and must either vacate the maintenance duct within 30 days or, with SWBTNEVADA’s consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity occupies the maintenance duct. The parties Parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) 15.2.3 If necessary, other unoccupied ducts or inner ducts may be used on a short- term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.

Responsibility for Emergency Repairs; Access to Maintenance Duct. In general, each party shall be responsible for making emergency repairs to its own facilities and for formulating appropriate establish plans and practices enabling such party which will enable it to make such emergency repairs. (a) Nothing contained in this Agreement Appendix shall be construed as requiring either party to perform any repair or service restoration work of any kind with respect to the other party’s facilities or the facilities of joint users. (b) Maintenance ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any person or entity (including but not limited to SWBTSBC MISSOURI, ApplicantAT&T, other local service providers, and other joint users) with facilities in the conduit section in which the maintenance duct is located; provided, however, that a person or entity party using the maintenance duct for emergency repair activities shall immediately notify SWBT SBC MISSOURI of such use and must either vacate the maintenance duct within 30 days or, with SWBTSBC MISSOURI’s consent, which consent shall not be unreasonably withheld, rearrange its facilities to ensure that at least one full-sized replacement maintenance duct (or, if the a designated maintenance duct was an inner duct, a suitable replacement inner duct) is available for use by all occupants in the conduit section within 30 days after such person or entity party occupies the maintenance duct. The parties agree not to exceed 30 days’ use except in unusual emergencies that may require longer than 30 days to rectify. (c) If necessary, other unoccupied ducts or inner ducts may be used on a short- short-term basis when the maintenance duct is unavailable. Any such use shall be subject to the same rules applicable to the maintenance duct and shall be subject to the rights of any party or joint user to whom such duct or inner duct has been assigned.