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

Responsibility for Emergency Repairs; Access to Maintenance Duct. 15.1.1 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. 15.1.2 Nothing contained in this 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. 15.1.3 Maintenance Ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any entity with Facilities in the Conduit section in which the maintenance Duct is located; provided, however, that an entity using the maintenance Duct for emergency repair activities will notify AT&T-22STATE within twelve (12) hours of the current Business Day (or first Business Day following a non-business day) that such entity is entering the AT&T-22STATE Conduit system and using the maintenance Duct for emergency restoral purposes. The notice will include a description of the emergency and non-emergency services involved and an estimate of the completion time. Maintenance Ducts will be used to restore the highest priority services, first. Existing spare Ducts may be used for restoration purposes providing the spare Ducts are restored after restoration work is complete. Any spare Xxxxx not returned will be included to be assigned to the user of the Duct and an occupancy permit issued. 15.1.4 The Attaching Party shall either vacate the maintenance Duct within thirty (30) calendar days or, with AT&T- 22STATE’s consent, 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 thirty (30) calendar days after such Attaching Party occupies the maintenance Ducts. If Attaching Party fails to vacate the maintenance Duct as described above, AT&T-22STATE may install a maintenance conduit at the Attaching Party’s expense.

Responsibility for Emergency Repairs; Access to Maintenance Duct. 15.1.1 In general, each Party shall be responsible for making emergency repairs to its own Facilities facilities and for formulating appropriate plans and practices enabling such Party to make such repairs. 15.1.2 25.1.1 Nothing contained in this Appendix 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 facilities or the Facilities facilities of joint usersOther Users. 15.1.3 25.1.2 Maintenance Ducts ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any entity with Facilities facilities in the Conduit conduit section in which the maintenance Duct duct is located; provided, however, that an entity using the maintenance Duct duct for emergency repair activities will notify AT&T-22STATE AT&T within twelve (12) hours of the current Business Day business day (or first Business Day business day following a non-business day) that such entity is entering the AT&T-22STATE Conduit AT&T conduit system and using the maintenance Duct duct for emergency restoral purposes. The notice will include a description of the emergency and non-non- emergency services involved and an estimate of the completion time. Maintenance Ducts ducts will be used to restore the highest priority services, as defined in Section 25.3, first. Existing spare Ducts ducts may be used for restoration purposes providing the spare Ducts ducts are restored after restoration work is complete. Any spare Xxxxx ducts not returned will be included to be assigned to the user of the Duct duct and an occupancy permit issued. 15.1.4 25.1.3 The Attaching Party shall either vacate the maintenance Duct duct within thirty (30) calendar days or, with AT&T- 22STATEAT&T’s consent, rearrange its Facilities facilities to ensure that at least one full-sized replacement maintenance Duct duct (or, if the designated maintenance Duct duct was an inner-Ductduct, a suitable replacement inner-Ductduct) is available for use by all occupants in the Conduit conduit section within thirty (30) calendar days after such Attaching Party occupies the maintenance Ductsducts. If Attaching Party fails to vacate the maintenance Duct duct as described above, AT&T-22STATE AT&T may install a maintenance conduit at the Attaching Party’s expense.

Responsibility for Emergency Repairs; Access to Maintenance Duct. 15.1.1 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. 15.1.2 Nothing contained in this Appendix Attachment 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. 15.1.3 Maintenance Ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any entity with Facilities in the Conduit section in which the maintenance Duct is located; provided, however, that an entity using the maintenance Duct for emergency repair activities will notify AT&T-22STATE AT&T ALABAMA within twelve (12) hours of the current Business Day (or first Business Day following a non-business day) that such entity is entering the AT&T-22STATE AT&T ALABAMA Conduit system and using the maintenance Duct for emergency restoral purposes. The notice will include a description of the emergency and non-emergency services involved and an estimate of the completion time. Maintenance Ducts will be used to restore the highest priority services, first. Existing spare Ducts may be used for restoration purposes providing the spare Ducts are restored after restoration work is complete. Any spare Xxxxx Ducts not returned will be included to be assigned to the user of the Duct and an occupancy permit issued. 15.1.4 The Attaching Party shall either vacate the maintenance Duct within thirty (30) calendar days or, with AT&T- 22STATEAT&T ALABAMA’s consent, 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 thirty (30) calendar days after such Attaching Party occupies the maintenance Ducts. If Attaching Party fails to vacate the maintenance Duct as described above, AT&T-22STATE AT&T ALABAMA may install a maintenance conduit at the Attaching Party’s expense.

Responsibility for Emergency Repairs; Access to Maintenance Duct. 15.1.1 In general, each Party shall be responsible for making emergency repairs to its own Facilities facilities and for formulating appropriate plans and practices enabling such Party to make such repairs. 15.1.2 14.1.1 Nothing contained in this Appendix Attachment 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 facilities or the Facilities facilities of joint usersOther Users. 15.1.3 14.1.2 Maintenance Ducts shall be available, on a nondiscriminatory basis, for emergency repair activities by any entity with Facilities facilities in the Conduit section in which the maintenance Maintenance Duct is located; provided, however, that an entity using the maintenance Maintenance Duct for emergency repair activities will notify AT&T-22STATE AT&T within twelve (12) hours of the current Business Day business day (or first Business Day business day following a non-business day) that such entity is entering the AT&T-22STATE AT&T Conduit system System and using the maintenance Maintenance Duct for emergency restoral purposes. The notice will include a description of the emergency and non-emergency services involved and an estimate of the completion time. Maintenance Ducts will be used to restore the highest priority services, as defined in Section 14.3, first. Existing spare Ducts may be used for restoration purposes providing the spare Ducts are restored after restoration work is complete. Any spare Xxxxx Ducts not returned will be included to be assigned to the user of the Duct and an occupancy permit Occupancy Permit issued. 15.1.4 The 14.1.3 Attaching Party shall either vacate the maintenance Maintenance Duct within thirty (30) calendar days or, with AT&T- 22STATEAT&T’s consent, rearrange its Facilities facilities to ensure that at least one (1) full-sized replacement maintenance Maintenance Duct (or, if the designated maintenance Maintenance Duct was an inner-Ductinnerduct, a suitable replacement inner-Ductinnerduct) is available for use by all occupants in the Conduit section within thirty (30) calendar days after such Attaching Party occupies the maintenance DuctsMaintenance Duct. If Attaching Party fails to vacate the maintenance Maintenance Duct as described above, AT&T-22STATE AT&T may install a maintenance conduit Conduit at the Attaching Party’s expense.