Shared Caged Collocation. 3.3.1 Neutral Tandem may allow other telecommunications carriers to share Neutral Tandem’s caged Collocation Space, pursuant to the terms and conditions agreed to by Neutral Tandem (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral Tandem. BellSouth shall be notified in writing by Neutral Tandem upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral Tandem. 3.3.2 Neutral Tandem, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem with a pro-ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem shall be the responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application. 3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or access to Network Elements. The xxxx for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 Neutral Tandem shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral Tandem’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem ACCESS Integrated may allow other telecommunications carriers to share Neutral Tandemsublease ACCESS Integrated’s caged Remote Collocation Space, Space pursuant to the terms and conditions agreed to by Neutral Tandem ACCESS Integrated (Host) and the other telecommunications carriers (Guests) contained in and pursuant to this Section, except where the BellSouth Premises Remote Site Location is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral Tandemor is located on property for which BellSouth holds an easement and such easement does not permit such an option. ACCESS Integrated shall notify BellSouth shall be notified in writing by Neutral Tandem upon the execution of any agreement between the Host and its Guest(s) Guest prior to the submission of an any application. Further, such notification notice shall include the name of the Guest(s), ) and the term of the agreement, and shall contain a certification by Neutral Tandem ACCESS Integrated that said agreement imposes upon the Guest(s) the same terms and conditions for Remote Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemACCESS Integrated.
3.3.2 Neutral TandemACCESS Integrated, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s)Guest, its employees and agents. BellSouth shall provide Neutral Tandem ACCESS Integrated with a pro-ration proration of the costs of the Remote Collocation Space based on the number of collocators and the space used by each. There BellSouth will be a minimum charge of not allocate less than one (1) bay/rack bay per Host/Guest. In addition those instances where the Host permits a Guest to use a shelf within the aboveHost’s bay, for BellSouth will not prorate the cost of the bay. In all states other than Florida, Neutral Tandem and in addition to the foregoing, ACCESS Integrated shall be the responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment bay placement for the Guest(s)Guest. In Florida, Florida the Guest(s) Guest may submit its own Initial Application and Subsequent Applications for equipment initial bay placement applications using the Host’s ACNA. A separate Guest application shall result in require the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed charged to the Host Host. BellSouth shall xxxx this nonrecurring fee on the date that BellSouth provides its it written Application Response to the Guest(s) Bona Fide bona fide application.
3.3.3 Notwithstanding the foregoing, the Guest(s) Guest may submit service orders arrange directly to with BellSouth to request for the provisioning provision of the interconnecting facilities between BellSouth and the Guest(s), Guest and for the provisioning provision of the services, and/or access to Network ElementsUNEs. The xxxx for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) Guest pursuant to the applicable BellSouth Tariff tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem ACCESS Integrated shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemACCESS Integrated’s Guest(s) in the Remote Collocation Space, Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem ACCESS Integrated may allow other telecommunications carriers to share Neutral TandemACCESS Integrated’s caged Collocation Space, pursuant to the terms and conditions agreed to by Neutral Tandem ACCESS Integrated (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemACCESS Integrated. BellSouth shall be notified in writing by Neutral Tandem ACCESS Integrated upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem ACCESS Integrated that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral TandemACCESS Integrated. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemACCESS Integrated.
3.3.2 Neutral TandemACCESS Integrated, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem ACCESS Integrated with a pro-pro- ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem ACCESS Integrated shall be the responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application.
3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or access to Network Elements. The xxxx for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem ACCESS Integrated shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemACCESS Integrated’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem TelCove may allow other telecommunications carriers to share Neutral TandemTelCove’s caged Collocation Spacecollocation arrangement, where technically feasible as that term has been defined by the FCC, pursuant to the terms and conditions agreed to by Neutral Tandem TelCove (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemTelCove or is located on property for which BellSouth holds an easement and such easement does not permit such an option for a Remote Site Location. BellSouth shall be notified in writing by Neutral Tandem TelCove upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an any application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem TelCove that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemTelCove.
3.3.2 Neutral Tandem3.3.1 TelCove, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem TelCove with a pro-ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There BellSouth will be a minimum charge of not allocate less than one (1) bayrack/rack bay per Host/Guest. In those instances where the Host permits a Guest to use a shelf within the Host’s bay within a Remote Site Location, BellSouth will not prorate the cost of the bay. In all other states than Florida, and in addition to the above, for all states other than Florida, Neutral Tandem TelCove shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA), provided that Guest secures permission from TelCove to use TelCove’s ACNA and password. A separate Guest application shall result in the assessment of a Remote Site Application Fee, an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response).
3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The xxxx for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem 3.3.3 TelCove shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemTelCove’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole ’s, its employees’ or agents’ negligence, gross negligence, or willful misconduct.
3.3.4 In making shared caged arrangements available, whether or not TelCove serves as Host, BellSouth may not increase the cost of site preparation or nonrecurring charges above the cost of provisioning such a shared arrangement of similar dimensions and material to a single collocating party.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem T-Mobile may allow other telecommunications carriers to share Neutral TandemT-Mobile’s caged Collocation Space, collocation arrangement pursuant to the terms and conditions agreed to by Neutral Tandem T-Mobile (“Host”) and the other telecommunications carriers (“Guests”) contained in and pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral Tandemoption. T-Mobile shall notify BellSouth shall be notified in writing by Neutral Tandem upon the execution of any agreement between the Host and its Guest(sGuest within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Order. Further, such notification notice shall include the name of the Guest(s), ) and the term of the agreement, and shall contain a certification by Neutral Tandem T-Mobile that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemT-Mobile.
3.3.2 Neutral Tandem3.3.1 T-Mobile, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Agreement and for the purposes of ensuring that the safety and security requirements of this Attachment Agreement are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem T-Mobile with a pro-ration proration of the costs of the Collocation Space collocation space based on the number of collocators and the space used by each. There will be each with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem and in addition to the foregoing, T-Mobile shall be the responsible Party party to BellSouth for the purpose of submitting applications Applications for initial and additional equipment placement for of the Guest(s)Guest. In Florida, Florida the Guest(s) Guest may directly submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s access carrier name abbreviation (ACNA). A separate Guest application shall result in require the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit BC, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application.
3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or access to Network Elements. The xxxx for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouthHost.
3.3.4 Neutral Tandem 3.3.2 T-Mobile shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemT- Mobile’s Guest(s) Guests in the Collocation Space, Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Collocation Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem NOS Communications, Inc. may allow other telecommunications carriers to share Neutral TandemNOS Communications, Inc.’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by Neutral Tandem NOS Communications, Inc. (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral Tandem. NOS Version 1Q03: 02/28/03 Communications, Inc.. BellSouth shall be notified in writing by Neutral Tandem NOS Communications, Inc. upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem NOS Communications, Inc. that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral Tandem.NOS Communications, Inc..
3.3.2 Neutral Tandem3.3.1 NOS Communications, Inc., as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem NOS Communications, Inc. with a pro-ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be , with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem and in addition to the above, NOS Communications, Inc. shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response).
3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The xxxx bill for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem 3.3.3 NOS Communications, Inc. shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemNOS Communications, Inc.’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Clec Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem ALCALL may allow other telecommunications carriers to share Neutral TandemALCALL’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by Neutral Tandem ALCALL (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the “BellSouth Premises Premises” is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemALCALL. BellSouth shall be notified in writing by Neutral Tandem ALCALL upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem ALCALL that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral TandemALCALL. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement Attachment between BellSouth and Neutral TandemALCALL.
3.3.2 Neutral Tandem3.3.1 ALCALL, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and Attachment. ALCALL is also responsible for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem ALCALL with a pro-ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem ALCALL shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for subsequent equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response).
3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The xxxx for these interconnecting facilities, services and Network Elements UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem 3.3.3 ALCALL shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemVersion 3Q03: 11/12/2003 ALCALL’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem Teleconex may allow other telecommunications carriers to share Neutral TandemTeleconex’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by Neutral Tandem Teleconex (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemTeleconex. BellSouth shall be notified in writing by Neutral Tandem Teleconex upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem Teleconex that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemTeleconex.
3.3.2 Neutral Tandem3.3.1 Teleconex, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem Teleconex with a pro-ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be , with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem and in Version 1Q03: 02/28/03 addition to the above, Teleconex shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response).
3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The xxxx bill for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem 3.3.3 Teleconex shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemTeleconex’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Clec Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem GulfPines may allow other telecommunications carriers to share Neutral Tandem’s GulfPines’ caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by Neutral Tandem GulfPines (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises Premise is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemVersion 2Q03: 07/21/03 GulfPines. BellSouth shall be notified in writing by Neutral Tandem GulfPines upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem GulfPines that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral TandemGulfPines. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement Attachment between BellSouth and Neutral TandemGulfPines.
3.3.2 Neutral Tandem3.3.1 GulfPines, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and Attachment. GulfPines is also responsible for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem GulfPines with a pro-ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem GulfPines shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for subsequent equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response).
3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network ElementsUNEs. The xxxx for these interconnecting facilities, services and Network Elements UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem 3.3.3 GulfPines shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral Tandem’s GulfPines’ Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem Iris Networks may allow other telecommunications carriers to share Neutral TandemIris Networks’s caged Collocation Space, pursuant to the terms and conditions agreed to by Neutral Tandem Iris Networks (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemIris Networks. BellSouth shall be notified in writing by Neutral Tandem Iris Networks upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem Iris Networks that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral TandemIris Networks. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemIris Networks.
3.3.2 Neutral TandemIris Networks, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem Iris Networks with a pro-ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem Iris Networks shall be the responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application.
3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), ) and the provisioning of services, and/or access to Network Elements. The xxxx bill for these interconnecting facilities, facilities and services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem Iris Networks shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemIris Networks’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Interconnection Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem CLEC may allow other telecommunications carriers to share Neutral TandemCLEC’s caged Collocation Space, pursuant to the terms and conditions agreed to by Neutral Tandem CLEC (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth AT&T Premises is located within a leased space and BellSouth AT&T is prohibited by said lease from offering such an option to Neutral TandemCLEC. BellSouth AT&T shall be notified in writing by Neutral Tandem CLEC upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem CLEC that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment Appendix between BellSouth AT&T and Neutral TandemCLEC. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth AT&T and Neutral TandemCLEC.
3.3.2 Neutral TandemCLEC, as the Host, shall be the sole interface and responsible Party to BellSouth AT&T for the assessment and billing of rates and charges contained within this Attachment Appendix and for the purposes of ensuring that the safety and security requirements of this Attachment Appendix are fully complied with by the Guest(s), its employees and agents. BellSouth AT&T shall provide Neutral Tandem CLEC with a pro-ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem CLEC shall be the responsible Party to BellSouth AT&T for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit Bthe Pricing Schedule, which will be billed to the Host on the date that BellSouth AT&T provides its written Application Response to the Guest(s) Bona Fide application.
3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth AT&T to request the provisioning of interconnecting facilities between BellSouth AT&T and the Guest(s), the provisioning of services, and/or access to Network Elements. The xxxx for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth AT&T Tariff or the Guest’s Interconnection Agreement with BellSouth.AT&T.
3.3.4 Neutral Tandem CLEC shall indemnify and hold harmless BellSouth AT&T from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemCLEC’s Guest(s) in the Collocation Space, except to the extent caused by BellSouthAT&T’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: MFN Agreement
Shared Caged Collocation. 3.3.1 Neutral Tandem DukeNet may allow other telecommunications carriers to share Neutral TandemDukeNet’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by Neutral Tandem DukeNet (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to Neutral TandemDukeNet. BellSouth shall be notified in writing by Neutral Tandem DukeNet upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by Neutral Tandem DukeNet that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and Neutral Tandem. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and Neutral TandemDukeNet.
3.3.2 Neutral Tandem3.3.1 DukeNet, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide Neutral Tandem DukeNet with a pro-ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be , with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, Neutral Tandem and in addition to the above, DukeNet shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for Version 1Q03: 02/28/03 the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response).
3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The xxxx bill for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth.
3.3.4 Neutral Tandem 3.3.3 DukeNet shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of Neutral TandemDukeNet’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.
Appears in 1 contract
Samples: Interconnection Agreement