Common use of Shared (Subleased) Caged Collocation Clause in Contracts

Shared (Subleased) Caged Collocation. WebShoppe may allow other telecommunications carriers to share WebShoppe’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe 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 WebShoppe. 3.2.1 WebShoppe, 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, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 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 WebShoppe’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 3 contracts

Samples: Clec Agreement, Clec Agreement, Clec Agreement

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Shared (Subleased) Caged Collocation. WebShoppe CLEC-1 may allow other telecommunications carriers to share WebShoppeCLEC-1’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe CLEC-1 (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe CLEC-1 shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe CLEC-1 that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment Agreement between BellSouth and WebShoppeCLEC-1. 3.2.1 WebShoppeCLEC-1, 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 A to the SGAT and for the purposes of ensuring that the safety and security requirements of this Attachment Agreement are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe CLEC-1 with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than FloridaKentucky, and in addition to the foregoing, WebShoppe CLEC-1 shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit AAttachment A to the SGAT, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe CLEC-1 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 WebShoppeCLEC-1’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 3 contracts

Samples: Physical Collocation Master Agreement, Physical Collocation Master Agreement, Physical Collocation Master Agreement

Shared (Subleased) Caged Collocation. WebShoppe DSLi may allow other telecommunications carriers to share WebShoppeDSLi’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe DSLi (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe DSLi shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe DSLi 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 WebShoppeDSLi. 3.2.1 WebShoppe3.3.1 DSLi, 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, its employees and agents. BellSouth shall provide WebShoppe DSLi with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe DSLi shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In Florida the event Guest may directly submit initial and additional equipment placement applications using the Host and Guest jointly submit an initial Application, only one Application Fee will be assessedHost’s access carrier name abbreviation (ACNA). A separate initial Guest application shall require the assessment of a an Initial or Subsequent Application Fee, as set forth in Exhibit AC, if this Application is not which will be rendered to the initial Application made Host. 3.3.2 Notwithstanding whether the collocation needs for the arrangement. Notwithstanding Guest are ordered by the foregoingHost or directly by the Guest using the Host's ACNA, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements.. The xxxx for these interconnecting facilities, services and access to UNEs will be rendered to the Guest. Version 3Q01: 10/22/01 3.2.2 WebShoppe 3.3.3 DSLi 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 WebShoppeDSLi’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 2 contracts

Samples: Clec Agreement, Clec Agreement

Shared (Subleased) Caged Collocation. WebShoppe CLEC-1 may allow other telecommunications carriers to share WebShoppeCLEC-1’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe CLEC-1 (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this sectionsection in accordance and compliance with local building code, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. WebShoppe CLEC-1 shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe CLEC-1 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 WebShoppeCLEC-1. 3.2.1 WebShoppe, as the Host 3.4.1 CLEC-1 shall be the sole interface and responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application application is not the initial Application application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 CLEC-1 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 WebShoppeCLEC-1’s Guests 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 (Subleased) Caged Collocation. WebShoppe LCT may allow other telecommunications carriers to share WebShoppeLCT’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe LCT (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe LCT shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe LCT 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 WebShoppeLCT. 3.2.1 WebShoppe3.4.1 LCT, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe LCT shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 LCT 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 WebShoppeLCT’s Guests 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 (Subleased) Caged Collocation. WebShoppe KMC Telecom may allow other telecommunications carriers to share WebShoppeKMC Telecom’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe KMC Telecom (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe KMC Telecom shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe KMC Telecom 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 WebShoppeKMC Telecom. 3.2.1 WebShoppe3.4.1 KMC Telecom, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe KMC Telecom shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 KMC Telecom 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 WebShoppeKMC Telecom’s Guests 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 (Subleased) Caged Collocation. WebShoppe Adelphia may allow other telecommunications carriers to share WebShoppeAdelphia’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe Adelphia (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises central office premises is located within a leased space and BellSouth is prohibited not authorized by said lease from offering the lessor to offer such an option. WebShoppe shall notify BellSouth in writing upon execution The terms and conditions of any the agreement between the Host and its Guest Guests shall be written and a copy provided, on a confidential basis, to the BellSouth contact specified in Section 15 within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution the Guest’s application and prior to any Firm Order. Further, such notice said agreement shall include incorporate by reference the name of the Guest(s) and the term of the agreementrates, terms, and shall contain a certification by WebShoppe that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in of this Attachment between BellSouth and WebShoppeAdelphia. 3.2.1 WebShoppe, as the Host 3.3.1 Adelphia shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application application is not the initial Application application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.3.2 Xxxxxxxx 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 WebShoppeXxxxxxxx’s Guests in the Collocation Space except for claims, actions, causes of action, of whatever kind or nature arising out of the interconnection between BellSouth and the Guest(s) or BellSouth’s provision of access to unbundled network elements to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductGuest(s) directly.

Appears in 1 contract

Samples: Interconnection Agreement

Shared (Subleased) Caged Collocation. WebShoppe WinStar may allow other telecommunications carriers to share WebShoppeWinStar’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe WinStar (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe WinStar shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe 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 WebShoppe. 3.2.1 WebShoppe3.4.1 WinStar, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Exhibit; and for the purposes of ensuring that the safety and security requirements of this Attachment Exhibit are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe WinStar shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 WinStar 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 WebShoppeWinStar’s Guests 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 (Subleased) Caged Collocation. WebShoppe Network Telephone may allow other telecommunications carriers to share WebShoppeNetwork Telephone’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe Network Telephone (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises central office premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. WebShoppe shall notify BellSouth in writing upon execution The terms and conditions of any the agreement between the Host and its Guest Guests shall be written and a copy provided to the BellSouth contact specified in Section 15 within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice said agreement shall include incorporate by reference the name of the Guest(s) and the term of the agreementrates, terms, and shall contain a certification by WebShoppe that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in of this Attachment between BellSouth and WebShoppeNetwork Telephone. 3.2.1 WebShoppe, as the Host 3.3.1 Network Telephone shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate The initial Guest application shall require the assessment of a Subsequent an Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. A. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.3.2 Network Telephone 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 WebShoppeNetwork Telephone’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductSpace.

Appears in 1 contract

Samples: Interconnection Agreement

Shared (Subleased) Caged Collocation. WebShoppe Pathnet may allow other telecommunications carriers to share WebShoppe’s Pathnet's caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe Pathnet ("Host") and other telecommunications carriers ("Guests") and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises central office premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option,. WebShoppe shall notify BellSouth in writing upon execution The terms and conditions of any the agreement between the Host and its Guest Guests shall be written and a copy provided to the BellSouth contact specified in Section 15 within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice said agreement shall include incorporate by reference the name of the Guest(s) and the term of the agreementrates, terms, and shall contain a certification by WebShoppe that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in of this Attachment Agreement between BellSouth and WebShoppePathnet. 3.2.1 WebShoppe, as the Host 3.3.1 Pathnet shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for 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, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate The initial Guest application shall require the assessment of a Subsequent an Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. A. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.3.2 Pathnet 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 WebShoppe’s Pathnet's Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductSpace.

Appears in 1 contract

Samples: Collocation Agreement (Pathnet Telecommunications Inc)

Shared (Subleased) Caged Collocation. WebShoppe MTS Communications may allow other telecommunications carriers to share WebShoppeMTS Communications’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe MTS Communications (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe MTS Communications shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe MTS Communications 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 WebShoppeMTS Communications. 3.2.1 WebShoppe3.4.1 MTS Communications, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe MTS Communications shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 MTS Communications 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 WebShoppeMTS Communications’s Guests 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 (Subleased) Caged Collocation. WebShoppe Powertel may allow other telecommunications carriers to share WebShoppePowertel’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe Powertel (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe Powertel shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe Powertel that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment Agreement between BellSouth and WebShoppePowertel. 3.2.1 WebShoppe3.4.1 Powertel, as the Host host CLEC 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, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe Powertel shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 Powertel 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 WebShoppePowertel’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Samples: Master Agreement

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Shared (Subleased) Caged Collocation. WebShoppe COMPASS may allow other telecommunications carriers to share WebShoppeCOMPASS’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe COMPASS (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises central office premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. WebShoppe shall notify BellSouth in writing upon execution The terms and conditions of any the agreement between the Host and its Guest Guests shall be written and a copy provided to the BellSouth contact specified in Section 15 within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice said agreement shall include incorporate by reference the name of the Guest(s) and the term of the agreementrates, terms, and shall contain a certification by WebShoppe that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in of this Attachment between BellSouth and WebShoppeCOMPASS. 3.2.1 WebShoppe, as the Host 3.3.1 COMPASS shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate The initial Guest application shall require the assessment of a Subsequent an Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. A. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.3.2 COMPASS 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 WebShoppeCOMPASS’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductSpace.

Appears in 1 contract

Samples: Interconnection Agreement

Shared (Subleased) Caged Collocation. WebShoppe SouthEast may allow other telecommunications carriers to share WebShoppeSouthEast’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe SouthEast (“Host”) and other telecommunications carriers (“Guests”) and pursuant to 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. WebShoppe SouthEast shall notify BellSouth AT&T in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe SouthEast that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth AT&T and WebShoppeSouthEast. 3.2.1 WebShoppe3.1 SouthEast, as the Host host CLEC 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 Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth AT&T shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe SouthEast shall be the responsible party to BellSouth AT&T for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth AT&T for the provision of the interconnecting facilities between BellSouth AT&T and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 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 WebShoppe’s Guests 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 (Lightyear Network Solutions, Inc.)

Shared (Subleased) Caged Collocation. WebShoppe CTSI may allow other telecommunications carriers to share WebShoppeCTSI’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe CTSI (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. WebShoppe CTSI shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the ther term of the agreement, and shall contain a certification by WebShoppe CTSI that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space collocation space as set forth in this Attachment Agreement between BellSouth BellSouh and WebShoppeCTSI. 3.2.1 WebShoppe, as the Host 3.3.1 CTSI shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application application is not the initial Application application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.3.2 CTSI 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 WebShoppeCTSI’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductSpace.

Appears in 1 contract

Samples: Amendment to the Agreement Between Ctsi, Inc. And Bellsouth Telecommunications, Inc. Dated March 2, 2000

Shared (Subleased) Caged Collocation. WebShoppe BBOC may allow other telecommunications carriers to share WebShoppeBBOC’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe BBOC (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe BBOC shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe 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 WebShoppe. 3.2.1 WebShoppe3.4.1 BBOC, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe BBOC shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 BBOC 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 WebShoppeBBOC’s Guests 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 (Subleased) Caged Collocation. WebShoppe OptiLink may allow other telecommunications carriers to share WebShoppeOptiLink’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe OptiLink (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. WebShoppe OptiLink shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar business days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the ther term of the agreement, and shall contain a certification by WebShoppe OptiLink that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space collocation space as set forth in this Attachment Agreement between BellSouth BellSouh and WebShoppeOptiLink. 3.2.1 WebShoppe, as the Host 3.3.1 OptiLink shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application application is not the initial Application application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.3.2 OptiLink 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 WebShoppeOptiLink’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductSpace.

Appears in 1 contract

Samples: Interconnection Agreement

Shared (Subleased) Caged Collocation. WebShoppe DSLi may allow other telecommunications carriers to share WebShoppeDSLi’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe DSLi (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe DSLi shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe DSLi 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 WebShoppeDSLi. 3.2.1 WebShoppe3.3.1 DSLi, 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, its employees and agents. BellSouth shall provide WebShoppe DSLi with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe DSLi shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In Florida the event Guest may directly submit initial and additional equipment placement applications using the Host and Guest jointly submit an initial Application, only one Application Fee will be assessedHost’s access carrier name abbreviation (ACNA). A separate initial Guest application shall require the assessment of a an Initial or Subsequent Application Fee, as set forth in Exhibit AC, if this Application is not which will be rendered to the initial Application made Host. 3.3.2 Notwithstanding whether the collocation needs for the arrangement. Notwithstanding Guest are ordered by the foregoingHost or directly by the Guest using the Host's ACNA, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements.. The bill for these interconnecting facilities, services and access to UNEs will be rendered to the Guest. Version 3Q01: 10/22/01 3.2.2 WebShoppe 3.3.3 DSLi 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 WebShoppeDSLi’s Guests 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 (Subleased) Caged Collocation. WebShoppe BTC may allow other telecommunications carriers to share WebShoppeBTC’s caged collocation arrangement pursuant to terms and conditions agreed to by WebShoppe BTC (“Host”) and other telecommunications carriers (“Guests”) 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. WebShoppe BTC shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business days) of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by WebShoppe BTC 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 WebShoppeBTC. 3.2.1 WebShoppe3.4.1 BTC, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Attachment; and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide WebShoppe with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In all states other than Florida, and in addition to the foregoing, WebShoppe BTC shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Exhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 WebShoppe 3.4.2 BTC 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 WebShoppeBTC’s Guests 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

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