Common use of Right to Occupy Clause in Contracts

Right to Occupy. BellSouth shall offer to DSLi collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment where space is available and it is technically feasible, BellSouth will allow DSLi to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth below. 1.2.1.1 In all states other than Florida, the size specified by DSLi may contemplate a request for space sufficient to accommodate DSLi’s growth within a two-year period. 1.2.1.2 In the state of Florida, the size specified by DSLi may contemplate a request for space sufficient to accommodate DSLi’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi WebShoppe collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment where space is available and it is technically feasible, BellSouth will allow DSLi WebShoppe to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi WebShoppe and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth below. 1.2.1.1 In all states other than Florida, the size specified by DSLi WebShoppe may contemplate a request for space sufficient to accommodate DSLiWebShoppe’s growth within a two-year period. 1.2.1.2 In the state of Florida, the size specified by DSLi WebShoppe may contemplate a request for space sufficient to accommodate DSLiWebShoppe’s growth within an eighteen (18) month period.

Right to Occupy. 1.2.1 BellSouth shall offer to DSLi ACCESS Integrated collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory nondiscriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment Attachment, where space is available and it is technically feasible, BellSouth will allow DSLi ACCESS Integrated to occupy that a certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi ACCESS Integrated and agreed to by BellSouth (hereinafter “Collocation Space”). Except as otherwise specified, any references to Collocation Space shall be for physical collocation. The necessary rates, terms and conditions for BellSouth locations a premises as defined by the FCC, other than BellSouth Premises Premises, shall be negotiated upon reasonable request for collocation at such location(s)premises. 1.2.1 1.2.2 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth belowin this Attachment. 1.2.1.1 1.2.2.1 In all states other than Florida, the size specified by DSLi ACCESS Integrated may contemplate a request for space sufficient to accommodate DSLiACCESS Integrated’s growth within a twotwenty-year four (24) month period. 1.2.1.2 1.2.2.2 In the state of Florida, the size specified by DSLi ACCESS Integrated may contemplate a request for space sufficient to accommodate DSLiACCESS Integrated’s growth within an eighteen (18) month period.

Right to Occupy. 1.2.1 BellSouth shall offer to DSLi Neutral Tandem collocation on rates, terms, terms and conditions that are just, reasonable, non-discriminatory nondiscriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment Attachment, where space is available and it is technically feasible, BellSouth will allow DSLi Neutral Tandem to occupy that a certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi Neutral Tandem and agreed to by BellSouth (hereinafter “Collocation Space”). Except as otherwise specified, any references to Collocation Space shall be for physical collocation. The necessary rates, terms and conditions for BellSouth locations a premises as defined by the FCC, other than BellSouth Premises Premises, shall be negotiated upon reasonable request for collocation at such location(s)premises. 1.2.1 1.2.2 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth belowin this Attachment. 1.2.1.1 1.2.2.1 In all states other than Florida, the size specified by DSLi Neutral Tandem may contemplate a request for space sufficient to accommodate DSLiNeutral Tandem’s growth within a twotwenty-year four (24) month period. 1.2.1.2 1.2.2.2 In the state of Florida, the size specified by DSLi Neutral Tandem may contemplate a request for space sufficient to accommodate DSLiNeutral Tandem’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi PTLLC collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment Attachment, where space is available and it is technically feasible, BellSouth will allow DSLi PTLLC to occupy that a certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi PTLLC and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations a premises as defined by the FCC, other than BellSouth Premises Premises, shall be negotiated upon reasonable request for collocation at such location(s)premises. 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth belowin this Attachment. 1.2.1.1 In all states other than Florida, the size specified by DSLi PTLLC may contemplate a request for space sufficient to accommodate DSLiPTLLC’s growth within a twotwenty-year four (24) month period. 1.2.1.2 In the state of Florida, the size specified by DSLi PTLLC may contemplate a request for space sufficient to accommodate DSLiPTLLC’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi ALEC Inc., collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment where space is available and it is technically feasible, BellSouth will allow DSLi ALEC Inc., to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi ALEC Inc., and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth below. 1.2.1.1 In all states other than Florida, the size specified by DSLi ALEC Inc., may contemplate a request for space sufficient to accommodate DSLiALEC Inc.,’s growth within a two-year period. 1.2.1.2 In the state of Florida, the size specified by DSLi ALEC Inc., may contemplate a request for space sufficient to accommodate DSLiALEC Inc.,’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi ALEC Inc., collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment where space is available and it is technically feasible, BellSouth will allow DSLi ALEC Inc., to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi ALEC Inc., and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth below. 1.2.1.1 In all states other than Florida, the size specified by DSLi XXXX Xxx., may contemplate a request for space sufficient to accommodate DSLiALEC Inc.,’s growth within a two-year period. 1.2.1.2 In the state of Florida, the size specified by DSLi XXXX Xxx., may contemplate a request for space sufficient to accommodate DSLiALEC Inc.,’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi ALCALL collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment Attachment, where space is available and it is technically feasible, BellSouth will allow DSLi ALCALL to occupy that a certain area designated by BellSouth within a “BellSouth Premises”, or on BellSouth property upon which the “BellSouth Premises Premises” is located, of a size which is specified by DSLi ALCALL and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations h premises as defined by the FCC, other than BellSouth Premises Premises, shall be negotiated upon reasonable request for collocation at such location(s)premises. 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth belowin this Attachment. 1.2.1.1 In all states other than Florida, the size specified by DSLi ALCALL may contemplate a request for space sufficient to accommodate DSLiALCALL’s growth within a twotwenty-year four (24) month period. 1.2.1.2 In the state of Florida, the size specified by DSLi ALCALL may contemplate a request for space sufficient to accommodate DSLiALCALL’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi T-Mobile collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms terms, and conditions of this Attachment Agreement where space is available and it is technically feasible, BellSouth will allow DSLi T-Mobile to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi T-Mobile and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth below. 1.2.1.1 In all states other than Florida, the size specified by DSLi T-Mobile may contemplate a request for space sufficient to accommodate DSLiT-Mobile’s growth within a two-year period. 1.2.1.2 In the state of Florida, the size specified by DSLi T-Mobile may contemplate a request for space sufficient to accommodate DSLiT-Mobile’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi KMC Telecom collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions Section 4 of this Attachment where space is available and it is technically feasibleAttachment, BellSouth will allow DSLi allows KMC Telecom to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi KMC Telecom and agreed to by BellSouth (hereinafter “Collocation Space”). BellSouth Premises include BellSouth Central Offices and Serving Wire Centers. The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 . Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth belowabove. 1.2.1.1 1.2.1 In all states other than Florida, the size specified by DSLi KMC Telecom may contemplate a request for space sufficient to accommodate DSLiKMC Telecom’s growth within a two-two- year period. 1.2.1.2 1.2.2 In the state of Florida, the size specified by DSLi KMC Telecom may contemplate a request for space sufficient to accommodate DSLiKMC Telecom’s growth within an eighteen (18) month period.

Right to Occupy. BellSouth shall offer to DSLi ALEC Inc., collocation on rates, terms, and conditions that are just, reasonable, non-discriminatory and consistent with the rules of the Federal Communications Commission (“FCC”). Subject to the rates, terms and conditions of this Attachment where space is available and it is technically feasible, BellSouth will allow DSLi ALEC Inc., to occupy that certain area designated by BellSouth within a BellSouth Premises, or on BellSouth property upon which the BellSouth Premises is located, of a size which is specified by DSLi ALEC Inc., and agreed to by BellSouth (hereinafter “Collocation Space”). The necessary rates, terms and conditions for BellSouth locations other than BellSouth Premises shall be negotiated upon request for collocation at such location(s). 1.2.1 Neither BellSouth nor any of BellSouth’s affiliates may reserve space for future use on more preferential terms than those set forth below. 1.2.1.1 In all states other than Florida, the size specified by DSLi XXXX Xxx., may contemplate a request for space sufficient to accommodate DSLiALEC Inc.,’s growth within a two-year period. 1.2.1.2 In the state of Florida, the size specified by DSLi ALEC Inc., may contemplate a request for space sufficient to accommodate DSLiALEC Inc.,’s growth within an eighteen (18) month period.