Common use of Termination of Occupancy Clause in Contracts

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., may terminate occupancy in a particular Remote Site Location by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. 4.2.1 Upon termination of occupancy, ALEC Inc., at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,’s Guests, unless CLEC’s Guest has assumed responsibility for the collocation space housing the Guest’s equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,’s Guest, has fully vacated the Remote Collocation Space. Should ALEC Inc., or ALEC Inc.,’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., or ALEC Inc.,’s Guest at ALEC Inc.,’s expense and with no liability for damage or injury to ALEC Inc., or ALEC Inc.,’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect to a Remote Collocation Space, ALEC Inc., shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., except for ordinary wear and tear unless otherwise agreed to by the Parties. ALEC Inc., shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. BellSouth may terminate ALEC Inc.,’s right to occupy the Collocation Space in the event ALEC Inc., fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,’s Guests, unless CLEC’s Guest has assumed responsibility for the collocation space housing the Guest’s equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that . ALEC Inc., shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,’s Guest, has fully vacated the Remote Collocation Space. Should ALEC Inc., or ALEC Inc.,’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., or ALEC Inc.,’s Guest at ALEC Inc.,’s expense and with no liability for damage or injury to ALEC Inc., or ALEC Inc.,’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect ALEC Inc.,’s right to a Remote occupy Collocation Space, ALEC Inc., shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc., or ALEC Inc.,’s BellSouth Certified Vendor shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications including but not limited to Central Office Record Drawings, XXXX, TIRKS, LFACS, LMOS, COSMOS, and TEOSPS DSX Records. ALEC Inc., shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits, etc.), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this AgreementAttachment, ALEC Inc., DSLi may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. BellSouth may terminate DSLi’s right to occupy the Collocation Space in the event DSLi fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., DSLi at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., DSLi shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,DSLi’s Guests, unless CLECDSLi’s Guest has assumed responsibility for the collocation space housing the Guest’s equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., . DSLi shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,DSLi, and if applicable ALEC Inc.,DSLi’s Guest, has fully vacated the Remote Collocation Space. Space and the Space Relinquish Form has been accepted by BellSouth.. Should ALEC Inc., DSLi or ALEC Inc.,DSLi’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., DSLi or ALEC Inc.,DSLi’s Guest at ALEC Inc.,DSLi’s expense and with no liability for damage or injury to ALEC Inc., DSLi or ALEC Inc.,DSLi’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect DSLi’s right to a Remote occupy Collocation Space, ALEC Inc., DSLi shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., DSLi except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc., DSLi or DSLi’s BellSouth Certified Supplier shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications including but not limited to Central Office Record Drawings and XXXX Records. DSLi shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits, power cables, etc.), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. 4.5.1 In addition to any other provisions addressing termination of occupancy in this AgreementAttachment, ALEC Inc., ACCESS Integrated may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application an application requesting termination of occupancyoccupancy for such Remote Collocation Space. A Subsequent Such termination shall be effective upon BellSouth’s acceptance of the Space Relinquishment Form. Billing for monthly recurring charges will cease on the date ACCESS Integrated and BellSouth conduct an inspection of the terminated space and jointly sign off on the Space Relinquishment Form or on the date that ACCESS Integrated signs off on the Space Relinquishment Form and sends the form to BellSouth if a subsequent inspection of the terminated space by BellSouth reveals no discrepancies. If the subsequent inspection by BellSouth reveals any discrepancies, billing will cease on the date that BellSouth and ACCESS Integrated jointly conduct an inspection, which confirms that ACCESS Integrated has corrected the discrepancies. An Application Fee will not apply for termination of occupancy. BellSouth may terminate ACCESS Integrated’s right to occupy the Remote Collocation Space in the event ACCESS Integrated fails to comply with any provision of this Agreement, provided BellSouth gives ACCESS Integrated fifteen (15) days prior written notice of the failure to comply with any provision of this Agreement for such Remote Collocatoin Space and gives ACCESS Integrated an opportunity to cure. Notwithstanding the above, any termination for non-payment of applicable fees, shall be in accordance with Attachment 7, Billing. 4.2.1 4.5.2 Upon termination of occupancy, ALEC Inc.ACCESS Integrated, at its expense sole expense, shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., ACCESS Integrated shall have thirty (30) calendar days from the termination BFFO date (Termination Date) to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,ACCESS Integrated’s GuestsGuest(s), unless CLECACCESS Integrated’s Guest Guest(s) has assumed responsibility for the collocation space Remote Collocation Space housing the GuestGuest(s)’s equipment and executed the appropriate documentation required by BellSouth to transfer the Remote Collocation Space to the Guest(s) prior to such removal date; provided, however, that ALEC Inc., ACCESS Integrated’s Termination Date. 4.5.3 ACCESS Integrated shall continue payment of all monthly fees recurring charges to BellSouth until such the date as ALEC Inc.,ACCESS Integrated, and if applicable ALEC Inc.,ACCESS Integrated’s GuestGuest(s), has fully vacated the Remote Collocation SpaceSpace and the Space Relinquish Form has been accepted by BellSouth. Should ALEC Inc., If ACCESS Integrated or ALEC Inc.,ACCESS Integrated’s Guest fail Guest(s) fails to vacate the Remote Collocation Space within thirty (30) calendar days from the termination dateTermination Date, BellSouth shall have the right to remove and dispose of the equipment and any other property of ALEC Inc.ACCESS Integrated or ACCESS Integrated’s Guest(s), or ALEC Inc.,’s Guest in any manner that BellSouth deems fit, at ALEC Inc.,ACCESS Integrated’s expense and with no liability whatsoever for damage or injury to ALEC Inc., or ALEC Inc.,’s GuestACCESS Integrated’s property unless caused by the gross negligence or intentional misconduct of BellSouth. ACCESS Integrated’s Guest(s)’s property. 4.5.4 Upon termination of occupancy with respect ACCESS Integrated’s right to a occupy Remote Collocation Space, ALEC Inc.the Remote Collocation Space will revert back to BellSouth, and ACCESS Integrated shall surrender such Remote Collocation Space to BellSouth in the same condition as when it was first occupied by ACCESS Integrated, with the ALEC Inc., except for exception of ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc.For CEVs and huts, ACCESS Integrated’s BellSouth Certified Supplier shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth specifications including, but not limited to, Record Drawings and XXXX Records. ACCESS Integrated shall be responsible for the cost of removing any ACCESS Integrated constructed enclosure, together with all as well as any support structures (e.g., racking, conduits, power cables, etc.), of a Remote Site Adjacent Arrangement at by the termination of occupancy Termination Date and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination Termination of occupancy Occupancy in this AgreementAttachment, ALEC Inc.Termination of Occupancy may occur in the following circumstances: 4.3.1 NOS Communications, Inc. may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. 4.2.1 4.3.2 Upon termination of such occupancy, ALEC Inc.NOS Communications, Inc. at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc.NOS Communications, Inc. shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC NOS Communications, Inc.,’s Guests, unless CLEC’s Guest guest has assumed responsibility for the collocation space housing the Guest’s guest equipment and executed the documentation required by BellSouth prior to such removal date; provided. NOS Communications, however, that ALEC Inc., Inc. shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,NOS Communications, and if applicable ALEC Inc.,’s Guest, Inc. has fully vacated the Remote Collocation Space. Should ALEC NOS Communications, Inc. or NOS Communications, Inc., or ALEC Inc.,’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC NOS Communications, Inc. or NOS Communications, Inc., or ALEC Inc.,’s Guest at ALEC NOS Communications, Inc.,’s expense and with no liability for damage or injury to ALEC NOS Communications, Inc. or NOS Communications, Inc., or ALEC Inc.,’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect NOS Communications, Inc.’s right to a Remote occupy Collocation Space, ALEC Inc.NOS Communications, Inc. shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc.NOS Communications, Inc. except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc.NOS Communications, Inc. shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., Agreement KMC Data may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application, or a Remote Site Application requesting termination of occupancy. A Subsequent Application Fee will not apply Such termination shall be effective upon BellSouth’s execution of the Space Relinquishment Form for the collocation space(s) for which KMC Data seeks to terminate occupancy, which termination date shall be the same date as KMC Data’s date of occupancythe Space Relinquishment Form, provided KMC Data has complied with all provisions of the Space Relinquishment Form. BellSouth may terminate KMC Data’s right to occupy the Collocation Space in the event KMC Data fails to comply with any material provision directly related to Collocation in this Agreement provided BellSouth gives KMC Data thirty (30) days’ prior written notice of the failure to comply and gives KMC Data an opportunity to cure during such period. Notwithstanding the above, any termination for non-payment of applicable fees, shall be in accordance with Attachment 7, Billing of this Agreement. 4.2.1 4.4.1 Upon termination of occupancy, ALEC Inc.TelCove, at its expense sole expense, shall remove its equipment and any other property from the Remote Collocation Space. ALEC Inc., TelCove shall have thirty (30) calendar days (Removal Date) from the termination date Subsequent Application BFFO Date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,TelCove’s GuestsGuest(s), unless CLECTelCove’s Guest Guest(s) has assumed responsibility for the collocation space Collocation Space housing the GuestGuest(s)’s equipment equipment, pursuant to the Commissions’ space exhaust requirements and executed the appropriate documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,the TelCove Removal Date. 4.4.2 Should TelCove or TelCove’s Guest, has fully vacated the Remote Collocation Space. Should ALEC Inc., or ALEC Inc.,’s Guest Guest(s) fail to vacate the Remote Collocation Space within thirty (30) calendar days from by the termination dateRemoval Date, BellSouth shall have the right to remove the equipment and dispose of the equipment and other property of ALEC Inc.TelCove or TelCove’s Guest(s), or ALEC Inc.,’s Guest in any commercially reasonable manner that BellSouth deems fit, at ALEC Inc.,TelCove’s expense and with no liability whatsoever for damage or injury to ALEC Inc., or ALEC Inc.,’s GuestTelCove’s property unless caused by or TelCove’s Guest(s)’s property, provided that BellSouth has not granted TelCove’s request for an extension of the gross negligence or intentional misconduct of BellSouth. Removal Date, and such request shall not unreasonably be denied. 4.4.3 Upon termination of occupancy with respect TelCove’s right to a Remote occupy specific Collocation Space, ALEC Inc.the Collocation Space will revert back to BellSouth’s space inventory, and TelCove shall surrender such Remote the Collocation Space to BellSouth in the same condition as when it was first occupied by TelCove, with the ALEC Inc., except for exception of ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc.TelCove’s BellSouth Certified Supplier shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s Specifications including, but not limited to, Central Office Record Drawings and XXXX Records. TelCove shall be responsible for the cost of removing any TelCove constructed enclosure, together with all support any supporting structures (e.g., racking, conduitsconduits or power cables), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this AgreementAttachment, ALEC Inc., ALCALL may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent an Application requesting termination of occupancy; such termination shall be effective upon BellSouth’s acceptance of the Space Relinquishment Form. A Subsequent Billing for monthly recurring charges will cease on the date ALCALL and BellSouth conduct an inspection of the terminated space and jointly sign off on the Space Relinquishment Form or on the date that ALCALL signs off on the Space Relinquishment Form and sends the form to BellSouth if a subsequent inspection of the terminated space by BellSouth reveals no discrepancies. If the subsequent inspection by BellSouth reveals discrepancies, billing will cease on the date that BellSouth and ALCALL jointly conduct an inspection which confirms that ALCALL has corrected the discrepancies. An Application Fee will not apply for termination of occupancy. BellSouth may terminate ALCALL’s right to occupy the Remote Collocation Space in the event ALCALL fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., ALCALL at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., ALCALL shall have thirty (30) calendar days from the termination date Bona Fide Firm Order (“BFFO”) Application Date (“Termination Date”) to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,ALCALL’s GuestsGuest(s), unless CLECALCALL’s Guest Guest(s) has assumed responsibility for the collocation space Remote Collocation Space housing the GuestGuest(s)’s equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., . ALCALL shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,ALCALL, and if applicable ALEC Inc.,ALCALL’s GuestGuest(s), has fully vacated the Remote Collocation SpaceSpace and the Space Relinquish Form has been accepted by BellSouth. Should ALEC Inc., ALCALL or ALEC Inc.,ALCALL’s Guest Guest(s) fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination dateTermination Date, BellSouth shall have the right to remove the equipment and dispose of the equipment and other property of ALEC Inc.ALCALL or ALCALL’s Guest(s), or ALEC Inc.,’s Guest in any manner that BellSouth deems fit, at ALEC Inc.,ALCALL’s expense and with no liability whatsoever for damage ALCALL’s or injury to ALEC Inc., or ALEC Inc.,ALCALL’s GuestGuest(s)’s property unless caused by the gross negligence or intentional misconduct of BellSouthproperty. Upon termination of occupancy with respect ALCALL’s right to a occupy Remote Collocation Space, ALEC Inc.the Remote Collocation Space will revert back to BellSouth, and ALCALL shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., ALCALL except for ordinary wear and tear unless otherwise agreed to by the Parties. ALEC Inc., For CEVs and huts ALCALL’s BellSouth Certified Supplier shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s Specifications including but not limited to Record Drawings and XXXX Records. ALCALL shall be responsible for the cost of removing any ALCALL constructed enclosure, together with all support structures (e.g., racking, conduits, or power cables), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., DeltaCom may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. Either Party may terminate DeltaCom’s right to occupy the Collocation Space in the event either Party fails to comply with any provision of this Agreement. The Parties agree to resolve any disputes regarding either Party’s noncompliance through the Dispute Resolution procedures as outlined in Section 11 of the General Terms and Conditions of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., DeltaCom at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., DeltaCom shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,DeltaCom’s GuestsGuest(s), unless CLECDeltaCom’s Guest Guest(s) has assumed responsibility for the collocation space housing the GuestGuest(s)’s equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., . DeltaCom shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,DeltaCom, and if applicable ALEC Inc.,DeltaCom’s GuestGuest(s), has fully vacated the Remote Collocation SpaceSpace and the Space Relinquish Form has been accepted by BellSouth. Should ALEC Inc., DeltaCom or ALEC Inc.,DeltaCom’s Guest Guest(s) fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., DeltaCom or ALEC Inc.,DeltaCom’s Guest Guest(s) at ALEC Inc.,DeltaCom’s expense and with no liability for damage or injury to ALEC Inc., DeltaCom or ALEC Inc.,DeltaCom’s GuestGuest(s)’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect DeltaCom’s right to a Remote occupy Collocation Space, ALEC Inc.the Collocation Space will revert back to BellSouth, and DeltaCom shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., DeltaCom except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc.DeltaCom, if certified as a BellSouth Certified Supplier, or DeltaCom’s BellSouth Certified Supplier shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s Specifications including but not limited to Central Office Record Drawings and XXXX Records. DeltaCom shall be responsible for the cost of removing any DeltaCom constructed enclosure, together with all support structures (e.g., racking, conduits, power cables, etc.), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original conditioncondition minus any normal wear and tear.

Termination of Occupancy. In addition to any other provisions addressing termination Termination of occupancy Occupancy in this Agreement, ALEC Inc., Termination of Occupancy may occur in the following circumstances: 4.3.1 Powertel may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. 4.2.1 4.3.2 Upon termination of such occupancy, ALEC Inc., Powertel at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., Powertel shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,Powertel’s Guests, unless CLEC’s Guest guest has assumed responsibility for the collocation space housing the Guest’s guest equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., . Powertel shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,’s Guest, Powertel has fully vacated the Remote Collocation Space. Should ALEC Inc., Powertel or ALEC Inc.,Powertel’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., Powertel or ALEC Inc.,Powertel’s Guest at ALEC Inc.,Powertel’s expense and with no liability for damage or injury to ALEC Inc., Powertel or ALEC Inc.,Powertel’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect Powertel’s right to a Remote occupy Collocation Space, ALEC Inc., Powertel shall surrender such Remote Collocation Space to BellSouth in substantially the same condition as existed when first occupied by the ALEC Inc., Powertel except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc., Powertel shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination Termination of occupancy Occupancy in this AgreementAttachment, ALEC Inc., Termination of Occupancy may occur in the following circumstances: 4.3.1 MTS Communications may terminate occupancy in a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. 4.2.1 4.3.2 Upon termination of such occupancy, ALEC Inc., MTS Communications at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., MTS Communications shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,MTS Communications’s Guests, unless CLEC’s Guest guest has assumed responsibility for the collocation space housing the Guest’s guest equipment and executed the documentation required by BellSouth prior to such removal date; provided, however, that ALEC Inc., . MTS Communications shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,’s Guest, MTS Communications has fully vacated the Remote Collocation Space. Should ALEC Inc., MTS Communications or ALEC Inc.,MTS Communications’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., MTS Communications or ALEC Inc.,MTS Communications’s Guest at ALEC Inc.,MTS Communications’s expense and with no liability for damage or injury to ALEC Inc., MTS Communications or ALEC Inc.,MTS Communications’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect MTS Communications’s right to a Remote occupy Collocation Space, ALEC Inc., MTS Communications shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., MTS Communications except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. ALEC Inc., MTS Communications shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.