Common use of Termination of Collocation Arrangement Clause in Contracts

Termination of Collocation Arrangement. 3.1 Core may terminate occupancy in the Collocation Space upon thirty (30) days’ prior written notice to Windstream. 3.2 At the termination of a Collocation Space license by lapse of time or otherwise: 3.2.1 Core shall surrender all keys, access cards and Windstream provided photo identification cards to the Collocation Space and the building to Windstream, and shall make known to Windstream the combination of all combination locks remaining on the Collocation Space. 3.2.2 Core, at its sole expense, shall remove all its equipment from the Collocation Space within thirty (30) days to complete such removal; provide, however that Core shall continue payment of monthly fees to Windstream until such date as Core has fully vacated the Collocation Space. 3.2.2.1 If Core fails to vacate the Collocation Space within thirty (30) days from the termination date, Windstream reserves the right to remove Core’s equipment and other property of Core, with no liability for damage or injury to Core’s property unless caused by the negligence or intentional misconduct of Windstream. All expenses shall be borne by Core. 3.2.3 Core shall return to Windstream the Collocation Space and all equipment and fixtures of Windstream in as good a condition and state of repair as when Core originally took possession, normal wear and tear or damage by fire or other casualty excepted. Core shall be responsible to Windstream for the cost of any repairs that shall be made necessary by the acts or omissions of Core or of its agents, employees, contractors, or business invitees. Windstream reserves the right to oversee Core’s withdrawal from the Collocation Space, and Core agrees to comply with all directives of Windstream regarding the removal of equipment and restoration of the Collocation Space, including, without limitation, Windstream’s directive to return the Collocation Space in other than its original condition on the date of occupancy; provided, however, that Core shall not be responsible for putting the Collocation Space in other than its original condition if to do so would put Core to additional expense above and beyond that which would be necessary to return the Collocation Space in its original condition. 3.2.4 Prior to any termination or within thirty (30) days thereafter, Core shall promptly remove any installations, additions, hardware, non-trade fixtures and improvements, place in or upon the Collocation Space by Core, failing which Windstream may remove the same, and Core shall, upon demand, pay to Windstream the cost of such removal and of any necessary restoration of the Collocation Space. No cable shall be removed from inner duct or outside cable duct except as directed by Xxxxxxxxxx. 3.2.5 All fixtures, installations, and personal property belonging to Core not removed from the Collocation Space upon termination of a Collation Space license and not required by Windstream to have been removed as provided in this Attachment, shall be conclusively presumed to have been abandoned by Core and title thereto shall pass to Windstream under this Attachment as if by bill of sale. 3.2.6 If the Collocation Space is not surrendered at the termination of the Collocation Space license, Core shall indemnify Windstream against loss or liability resulting from delay by Core in so surrendering the Collocation Space, including, without limitation, any claims made by any succeeding tenant founded on such delay. 3.3 Should Core default in its performance and said default continues for thirty (30) days after receipt of written notice, or if the Core is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, Windstream may, immediately or at any time thereafter, without notice or demand, enter and repossess the Collocation Space, expel Core, remove Core property, forcibly if necessary, and thereupon this Attachment shall terminate, without prejudice to any other remedies Windstream might have. Windstream may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service by Core at any time thereafter.

Termination of Collocation Arrangement. 3.1 Core TWCIS (KY) may terminate occupancy in the Collocation Space upon thirty (30) calendar days’ prior written notice to Windstream. 3.2 At the termination of a Collocation Space license by lapse of time or otherwise: 3.2.1 Core TWCIS (KY) shall surrender all keys, access cards and Windstream provided photo identification cards to the Collocation Space and the building to Windstream, and shall make known to Windstream the combination of all combination locks remaining on the Collocation Space. 3.2.2 CoreTWCIS (KY), at its sole expense, shall remove all its equipment from the Collocation Space within thirty (30) days to complete such removal; provide, however that Core TWCIS (KY) shall continue payment of monthly fees to Windstream until such date as Core TWCIS (KY) has fully vacated the Collocation Space. 3.2.2.1 If Core TWCIS (KY) fails to vacate the Collocation Space within thirty (30) days from the termination date, Windstream reserves the right to remove CoreTWCIS (KY)’s equipment and other property of CoreTWCIS (KY), with no liability for damage or injury to CoreTWCIS (KY)’s property unless caused by the negligence or intentional misconduct of Windstream. All expenses shall be borne by CoreTWCIS (KY). 3.2.3 Core TWCIS (KY) shall return to Windstream the Collocation Space and all equipment and fixtures of Windstream in as good a condition and state of repair as when Core TWCIS (KY) originally took possession, normal wear and tear or damage by fire or other casualty excepted. Core TWCIS (KY) shall be responsible to Windstream for the cost of any repairs that shall be made necessary by the acts or omissions of Core TWCIS (KY) or of its agents, employees, contractors, or business invitees. Windstream reserves the right to oversee CoreTWCIS (KY)’s withdrawal from the Collocation Space, and Core TWCIS (KY) agrees to comply with all directives of Windstream regarding the removal of equipment and restoration of the Collocation Space, including, without limitation, Windstream’s directive to return the Collocation Space in other than its original condition on the date of occupancy; provided, however, that Core TWCIS (KY) shall not be responsible for putting the Collocation Space in other than its original condition if to do so would put Core TWCIS (KY) to additional expense above and beyond that which would be necessary to return the Collocation Space in its original condition. 3.2.4 Prior to any termination or within thirty (30) days thereafter, Core TWCIS (KY) shall promptly remove any installations, additions, hardware, non-trade fixtures and improvements, place in or upon the Collocation Space by CoreTWCIS (KY), failing which Windstream may remove the same, and Core TWCIS (KY) shall, upon demand, pay to Windstream the cost of such removal and of any necessary restoration of the Collocation Space. No cable shall be removed from inner duct or outside cable duct except as directed by XxxxxxxxxxWindstream. 3.2.5 All fixtures, installations, and personal property belonging to Core TWCIS (KY) not removed from the Collocation Space upon termination of a Collation Space license and not required by Windstream to have been removed as provided in this AttachmentAttachment in a written notice, shall be conclusively presumed to have been abandoned by Core TWCIS (KY) and title thereto shall pass to Windstream under this Attachment as if by bill xxxx of sale. 3.2.6 If the Collocation Space is not surrendered at the termination of the Collocation Space license, Core TWCIS (KY) shall indemnify Windstream against loss or liability resulting from delay by Core TWCIS (KY) in so surrendering the Collocation Space, including, without limitation, any claims made by any succeeding tenant founded on such delay. 3.3 Should Core TWCIS (KY) default in its performance and said default continues for thirty (30) days after receipt of written notice, or if the Core TWCIS (KY) is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, Windstream may, subject to and in compliance with all applicable federal, state, and local bankruptcy laws, rules and regulations, immediately or at any time thereafter, without notice or demand, enter and repossess the Collocation Space, expel CoreTWCIS (KY), remove Core TWCIS (KY) property, forcibly if necessary, and thereupon this Attachment shall terminate, without prejudice to any other remedies Windstream might have. Windstream may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service by Core TWCIS (KY) at any time thereafter.

Termination of Collocation Arrangement. 3.1 Core TCG may terminate occupancy in the Collocation Space upon thirty (30) days’ prior written notice to WindstreamALLTEL. 3.2 At the termination of a Collocation Space license by lapse of time or otherwise: 3.2.1 Core TCG shall surrender all keys, access cards and Windstream ALLTEL provided photo identification cards to the Collocation Space and the building to WindstreamALLTEL, and shall make known to Windstream ALLTEL the combination of all combination locks remaining on the Collocation Space. 3.2.2 CoreTCG, at its sole expense, shall remove all its equipment from the Collocation Space within thirty (30) days to complete such removal; provide, however that Core TCG shall continue payment of monthly fees to Windstream ALLTEL until such date as Core TCG has fully vacated the Collocation Space. 3.2.2.1 If Core TCG fails to vacate the Collocation Space within thirty (30) days from the termination date, Windstream ALLTEL reserves the right to remove CoreTCG’s equipment and other property of CoreTCG, with no liability for damage or injury to CoreTCG’s property unless caused by the negligence or intentional misconduct of WindstreamALLTEL. All expenses shall be borne by CoreTCG. 3.2.3 Core TCG shall return to Windstream ALLTEL the Collocation Space and all equipment and fixtures of Windstream ALLTEL in as good a condition and state of repair as when Core TCG originally took possession, normal wear and tear or damage by fire or other casualty excepted. Core TCG shall be responsible to Windstream ALLTEL for the cost of any repairs that shall be made necessary by the acts or omissions of Core TCG or of its agents, employees, contractors, or business invitees. Windstream ALLTEL at its own expense reserves the right to oversee CoreTCG’s withdrawal from the Collocation Space, and Core TCG agrees to comply with all directives of Windstream ALLTEL regarding the removal of equipment and restoration of the Collocation Space, including, without limitation, WindstreamALLTEL’s directive to return the Collocation Space in other than its original condition on the date of occupancy; provided, however, that Core TCG shall not be responsible for putting the Collocation Space in other than its original condition if to do so would put Core TCG to additional expense above and beyond that which would be necessary to return the Collocation Space in its original condition. 3.2.4 Prior to any termination or within thirty (30) days thereafter, Core TCG shall promptly remove any installations, additions, hardware, non-trade fixtures and improvements, place in or upon the Collocation Space by CoreTCG, failing which Windstream ALLTEL may remove the same, and Core TCG shall, upon demand, pay to Windstream ALLTEL the cost of such removal and of any necessary restoration of the Collocation Space. No cable shall be removed from inner duct or outside cable duct except as directed by XxxxxxxxxxXXXXXX. 3.2.5 All fixtures, installations, and personal property belonging to Core TCG not removed from the Collocation Space upon termination of a Collation Space license and not required by Windstream ALLTEL to have been removed as provided in this Attachment, shall be conclusively presumed to have been abandoned by Core TCG and title thereto shall pass to Windstream ALLTEL under this Attachment as if by bill of sale. 3.2.6 If the Collocation Space is not surrendered at the termination of the Collocation Space license, Core TCG shall indemnify Windstream ALLTEL against loss or liability resulting from delay by Core TCG in so surrendering the Collocation Space, including, without limitation, any claims made by any succeeding tenant founded on such delay. 3.3 Should Core TCG default in its performance and said default continues for thirty (30) days after receipt of written notice, or if the Core TCG is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, Windstream ALLTEL may, immediately or at any time thereafter, without notice or demand, enter and repossess the Collocation Space, expel CoreTCG, remove Core TCG’s property, forcibly if necessary, and thereupon this Attachment shall terminate, without prejudice to any other remedies Windstream ALLTEL might have. Windstream ALLTEL may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service by Core TCG at any time thereafter.

Termination of Collocation Arrangement. 3.1 Core Comcast may terminate occupancy in the Collocation Space upon thirty (30) calendar days’ prior written notice to Windstream. 3.2 At the termination of a Collocation Space license by lapse of time or otherwise: 3.2.1 Core Comcast shall surrender all keys, access cards and Windstream provided photo identification cards to the Collocation Space and the building to Windstream, and shall make known to Windstream the combination of all combination locks remaining on the Collocation Space. 3.2.2 CoreComcast, at its sole expense, shall remove all its equipment from the Collocation Space within thirty (30) days to complete such removal; provide, however that Core Comcast shall continue payment of monthly fees to Windstream until such date as Core Comcast has fully vacated the Collocation Space. 3.2.2.1 If Core Comcast fails to vacate the Collocation Space within thirty (30) days from the termination datedate and Comcast does not continue to pay the monthly fee, Windstream reserves the right to remove CoreComcast’s equipment and other property of CoreComcast, with no liability for damage or injury to CoreComcast’s property unless caused by the negligence or intentional misconduct of Windstream. All expenses shall be borne by CoreComcast. 3.2.3 Core Comcast shall return to Windstream the Collocation Space and all equipment and fixtures of Windstream in as good a condition and state of repair as when Core Comcast originally took possession, normal wear and tear or damage by fire or other casualty excepted. Core Comcast shall be responsible to Windstream for the cost of any repairs that shall be made necessary by the acts or omissions of Core Comcast or of its agents, employees, contractors, or business invitees. Windstream reserves the right to oversee CoreComcast’s withdrawal from the Collocation Space, and Core Comcast agrees to comply with all directives of Windstream regarding the removal of equipment and restoration of the Collocation Space, including, without limitation, Windstream’s directive to return the Collocation Space in other than its original condition on the date of occupancy; provided, however, that Core Comcast shall not be responsible for putting the Collocation Space in other than its original condition if to do so would put Core Comcast to additional expense above and beyond that which would be necessary to return the Collocation Space in its original condition. 3.2.4 Prior to any termination or within thirty (30) days thereafter, Core Comcast shall promptly remove any installations, additions, hardware, non-trade fixtures and improvements, place placed in or upon the Collocation Space by CoreComcast. If Comcast fails to vacate the Collocation Space within thirty (30) days from the termination date and Comcast does not continue to pay the monthly fee, failing which Windstream may remove the same, and Core Comcast shall, upon demand, pay to Windstream the cost of such removal and of any necessary restoration of the Collocation Space. No cable shall be removed from inner duct or outside cable duct except as directed by XxxxxxxxxxWindstream. 3.2.5 All fixtures, installations, and personal property belonging to Core Comcast not removed from the Collocation Space upon termination of a Collation Space license and not required by Windstream to have been removed as provided in this AttachmentAttachment in a written notice, shall be conclusively presumed to have been abandoned by Core Comcast and title thereto shall pass to Windstream under this Attachment as if by bill xxxx of sale. 3.2.6 If the Collocation Space is not surrendered at the termination of the Collocation Space license, Core Comcast shall indemnify Windstream against loss or liability resulting from delay by Core Comcast in so surrendering the Collocation Space, including, without limitation, any claims made by any succeeding tenant founded on such delay. 3.3 Should Core Comcast default in its performance and said default continues for thirty (30) days after receipt of written notice, or if the Core Comcast is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, Windstream may, subject to and in compliance with all applicable federal, state, and local bankruptcy laws, rules and regulations, immediately or at any time thereafter, without further notice or demandwithout notice or demand, enter and repossess the Collocation Space, expel CoreComcast, remove Core Comcast property, forcibly if necessaryforcibly if necessary, and thereupon this Attachment shall terminate, without prejudice to any other remedies Windstream might have. Windstream may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service by Core Comcast at any time thereafter.

Termination of Collocation Arrangement. 3.1 Core KMC may terminate occupancy in the Collocation Space upon thirty (30) days’ prior written notice to WindstreamALLTEL. 3.2 At the termination of a Collocation Space license by lapse of time or otherwise: 3.2.1 Core KMC shall surrender all keys, access cards and Windstream ALLTEL provided photo identification cards to the Collocation Space and the building to WindstreamALLTEL, and shall make known to Windstream ALLTEL the combination of all combination locks remaining on the Collocation Space. 3.2.2 CoreKMC, at its sole expense, shall remove all its equipment from the Collocation Space within thirty (30) days to complete such removal; provide, however that Core KMC shall continue payment of monthly fees to Windstream ALLTEL until such date as Core KMC has fully vacated the Collocation Space. 3.2.2.1 If Core KMC fails to vacate the Collocation Space within thirty (30) days from the termination date, Windstream ALLTEL reserves the right to remove CoreKMC’s equipment and other property of CoreKMC, with no liability for damage or injury to CoreKMC’s property unless caused by the negligence or intentional misconduct of WindstreamALLTEL. All expenses shall be borne by CoreKMC. 3.2.3 Core KMC shall return to Windstream ALLTEL the Collocation Space and all equipment and fixtures of Windstream ALLTEL in as good a condition and state of repair as when Core KMC originally took possession, normal wear and tear or damage by fire or other casualty excepted. Core KMC shall be responsible to Windstream ALLTEL for the cost of any repairs that shall be made necessary by the acts or omissions of Core KMC or of its agents, employees, contractors, or business invitees. Windstream ALLTEL reserves the right to oversee CoreKMC’s withdrawal from the Collocation Space, and Core KMC agrees to comply with all directives of Windstream ALLTEL regarding the removal of equipment and restoration of the Collocation Space, including, without limitation, WindstreamALLTEL’s directive to return the Collocation Space in other than its original condition on the date of occupancy; provided, however, that Core KMC shall not be responsible for putting the Collocation Space in other than its original condition if to do so would put Core KMC to additional expense above and beyond that which would be necessary to return the Collocation Space in its original condition. 3.2.4 Prior to any termination or within thirty (30) days thereafter, Core KMC shall promptly remove any installations, additions, hardware, non-trade fixtures and improvements, place in or upon the Collocation Space by CoreKMC, failing which Windstream ALLTEL may remove the same, and Core KMC shall, upon demand, pay to Windstream ALLTEL the cost of such removal and of any necessary restoration of the Collocation Space. No cable shall be removed from inner duct or outside cable duct except as directed by XxxxxxxxxxXXXXXX. 3.2.5 All fixtures, installations, and personal property belonging to Core KMC not removed from the Collocation Space upon termination of a Collation Space license and not required by Windstream ALLTEL to have been removed as provided in this Attachment, shall be conclusively presumed to have been abandoned by Core KMC and title thereto shall pass to Windstream ALLTEL under this Attachment as if by bill of sale. 3.2.6 If the Collocation Space is not surrendered at the termination of the Collocation Space license, Core KMC shall indemnify Windstream ALLTEL against loss or liability resulting from delay by Core KMC in so surrendering the Collocation Space, including, without limitation, any claims made by any succeeding tenant founded on such delay. 3.3 Should Core KMC default in its performance and said default continues for thirty (30) days after receipt of written notice, or if the Core KMC is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, Windstream ALLTEL may, immediately or at any time thereafter, without notice or demand, enter and repossess the Collocation Space, expel CoreKMC, remove Core KMC property, forcibly if necessary, and thereupon this Attachment shall terminate, without prejudice to any other remedies Windstream ALLTEL might have. Windstream ALLTEL may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service by Core KMC at any time thereafter.

Termination of Collocation Arrangement. 3.1 Core AT&T may terminate occupancy in the Collocation Space upon thirty (30) days’ prior written notice to WindstreamALLTEL. 3.2 At the termination of a Collocation Space license by lapse of time or otherwise: 3.2.1 Core AT&T shall surrender all keys, access cards and Windstream ALLTEL provided photo identification cards to the Collocation Space and the building to WindstreamALLTEL, and shall make known to Windstream ALLTEL the combination of all combination locks remaining on the Collocation Space. 3.2.2 CoreAT&T, at its sole expense, shall remove all its equipment from the Collocation Space within thirty (30) days to complete such removal; provide, however that Core AT&T shall continue payment of monthly fees to Windstream ALLTEL until such date as Core AT&T has fully vacated the Collocation Space. 3.2.2.1 If Core AT&T fails to vacate the Collocation Space within thirty (30) days from the termination date, Windstream ALLTEL reserves the right to remove CoreAT&T’s equipment and other property of CoreAT&T, with no liability for damage or injury to CoreAT&T’s property unless caused by the negligence or intentional misconduct of WindstreamALLTEL. All expenses shall be borne by Core.AT&T. 3.2.3 Core AT&T shall return to Windstream ALLTEL the Collocation Space and all equipment and fixtures of Windstream ALLTEL in as good a condition and state of repair as when Core AT&T originally took possession, normal wear and tear or damage by fire or other casualty excepted. Core AT&T shall be responsible to Windstream ALLTEL for the cost of any repairs that shall be made necessary by the acts or omissions of Core AT&T or of its agents, employees, contractors, or business invitees. Windstream ALLTEL at its own expense reserves the right to oversee CoreAT&T’s withdrawal from the Collocation Space, and Core AT&T agrees to comply with all directives of Windstream ALLTEL regarding the removal of equipment and restoration of the Collocation Space, including, without limitation, WindstreamALLTEL’s directive to return the Collocation Space in other than its original condition on the date of occupancy; provided, however, that Core AT&T shall not be responsible for putting the Collocation Space in other than its original condition if to do so would put Core AT&T to additional expense above and beyond that which would be necessary to return the Collocation Space in its original condition. 3.2.4 Prior to any termination or within thirty (30) days thereafter, Core AT&T shall promptly remove any installations, additions, hardware, non-trade fixtures and improvements, place in or upon the Collocation Space by CoreAT&T, failing which Windstream ALLTEL may remove the same, and Core AT&T shall, upon demand, pay to Windstream ALLTEL the cost of such removal and of any necessary restoration of the Collocation Space. No cable shall be removed from inner duct or outside cable duct except as directed by XxxxxxxxxxXXXXXX. 3.2.5 All fixtures, installations, and personal property belonging to Core AT&T not removed from the Collocation Space upon termination of a Collation Space license and not required by Windstream ALLTEL to have been removed as provided in this Attachment, shall be conclusively presumed to have been abandoned by Core AT&T and title thereto shall pass to Windstream ALLTEL under this Attachment as if by bill of sale. 3.2.6 If the Collocation Space is not surrendered at the termination of the Collocation Space license, Core AT&T shall indemnify Windstream ALLTEL against loss or liability resulting from delay by Core AT&T in so surrendering the Collocation Space, including, without limitation, any claims made by any succeeding tenant founded on such delay. 3.3 Should Core AT&T default in its performance and said default continues for thirty (30) days after receipt of written notice, or if the Core AT&T is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, Windstream ALLTEL may, immediately or at any time thereafter, without notice or demand, enter and repossess the Collocation Space, expel CoreAT&T, remove Core AT&T’s property, forcibly if necessary, and thereupon this Attachment shall terminate, without prejudice to any other remedies Windstream ALLTEL might have. Windstream ALLTEL may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service by Core AT&T at any time thereafter.