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, WebShoppe 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, WebShoppe at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppe’s Guests, unless WebShoppe’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 WebShoppe shall continue payment of monthly fees to BellSouth until such date as WebShoppe, and if applicable WebShoppe’s Guest, has fully vacated the Remote Collocation Space. Should WebShoppe or WebShoppe’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 WebShoppe or WebShoppe’s Guest at WebShoppe’s expense and with no liability for damage or injury to WebShoppe or WebShoppe’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, WebShoppe shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe except for ordinary wear and tear unless otherwise agreed to by the Parties. WebShoppe 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, WebShoppe 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 WebShoppe’s right to occupy the Collocation Space in the event WebShoppe fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, WebShoppe at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppe’s Guests, unless WebShoppeCLEC’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 . WebShoppe shall continue payment of monthly fees to BellSouth until such date as WebShoppe, and if applicable WebShoppe’s Guest, has fully vacated the Remote Collocation Space. Should WebShoppe or WebShoppe’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 WebShoppe or WebShoppe’s Guest at WebShoppe’s expense and with no liability for damage or injury to WebShoppe or WebShoppe’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect WebShoppe’s right to a Remote occupy Collocation Space, WebShoppe shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. WebShoppe or WebShoppe’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. WebShoppe 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. 4.5.1 In addition to any other provisions addressing termination of occupancy in this Agreement, WebShoppe Neutral Tandem may terminate its occupancy in of a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancyoccupancy for such Collocation Space. Such termination shall be effective upon BellSouth’s acceptance of the Space Relinquishment Form. Billing for monthly recurring charges will cease on the date that Neutral Tandem and BellSouth conduct an inspection of the terminated space and jointly sign off on the Space Relinquishment Form or on the date that Neutral Tandem signs off on the Space Relinquishment Form and sends this form to BellSouth, provided no discrepancies are found during BellSouth’s subsequent inspection of the terminated space. If the subsequent inspection by BellSouth reveals any discrepancies, billing will cease on the date that BellSouth and Neutral Tandem jointly conduct an inspection, confirming that Neutral Tandem has corrected all of the noted discrepancies identified by BellSouth. A Subsequent Application Fee will not apply for the termination of occupancy.; however, specific disconnect fees may apply to the services terminating to such Collocation Space. The particular disconnect fees that would apply in each state are contained in Exhibit B. 4.2.1 4.5.2 Upon termination of occupancy, WebShoppe Neutral Tandem, at its expense sole expense, shall remove its equipment and any other property owned, leased or controlled by Neutral Tandem from the Remote Collocation Space. WebShoppe Neutral Tandem shall have thirty (30) calendar days from the termination Bona Fide Firm Order (BFFO) date (Termination Date) to complete such removal, including the removal of all equipment and facilities of WebShoppeNeutral Tandem’s GuestsGuest(s), unless WebShoppeNeutral Tandem’s Guest Guest(s) has assumed responsibility for the collocation space Collocation Space housing the GuestGuest(s)’s equipment and executed the appropriate documentation required by BellSouth to transfer the Collocation Space to the Guest(s) prior to such removal date; provided, however, that WebShoppe Neutral Tandem’s Termination Date. 4.5.3 Neutral Tandem shall continue the payment of all monthly fees recurring charges to BellSouth until such the date as WebShoppeNeutral Tandem, and if applicable WebShoppeNeutral Tandem’s GuestGuest(s), has fully vacated the Remote Collocation SpaceSpace and the Space Relinquishment Form has been accepted by BellSouth. Should WebShoppe If Neutral Tandem or WebShoppeNeutral Tandem’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 WebShoppe Neutral Tandem or WebShoppeNeutral Tandem’s Guest Guest(s), in any manner that BellSouth deems fit, at WebShoppeNeutral Tandem’s expense and with no liability whatsoever for damage or injury to WebShoppe or WebShoppe’s GuestNeutral Tandem’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect to a Remote Collocation Space, WebShoppe shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe except for ordinary wear and tear unless otherwise agreed to by the Parties. WebShoppe 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 conditionNeutral Tandem’s Guest(s) property.

Termination of Occupancy. 4.5.1 In addition to any other provisions addressing termination of occupancy in this Agreement, WebShoppe ACCESS Integrated may terminate its occupancy in of a particular Remote Site Location Collocation Space by submitting a Subsequent Application requesting termination of occupancyoccupancy for such Collocation Space. Such termination shall be effective upon BellSouth’s acceptance of the Space Relinquishment Form. Billing for monthly recurring charges will cease on the date that 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 this form to BellSouth, provided no discrepancies are found during BellSouth’s subsequent inspection of the terminated space. If the subsequent inspection by BellSouth reveals any discrepancies, billing will cease on the date that BellSouth and ACCESS Integrated jointly conduct an inspection, confirming that ACCESS Integrated has corrected all of the noted discrepancies identified by BellSouth. A Subsequent Application Fee will not apply for the termination of occupancy; however, specific disconnect fees may apply to the services terminating to such Collocation Space. The particular disconnect fees that would apply in each state are contained in Exhibit B. BellSouth may terminate ACCESS Integrated’s right to occupy 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 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, WebShoppe ACCESS Integrated, at its expense sole expense, shall remove its equipment and any other property owned, leased or controlled by ACCESS Integrated from the Remote Collocation Space. WebShoppe 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 WebShoppeACCESS Integrated’s GuestsGuest(s), unless WebShoppeACCESS Integrated’s Guest Guest(s) has assumed responsibility for the collocation space Collocation Space housing the GuestGuest(s)’s equipment and executed the appropriate documentation required by BellSouth to transfer the Collocation Space to the Guest(s) prior to such removal date; provided, however, that WebShoppe ACCESS Integrated’s Termination Date. 4.5.3 ACCESS Integrated shall continue the payment of all monthly fees recurring charges to BellSouth until such the date as WebShoppeACCESS Integrated, and if applicable WebShoppeACCESS Integrated’s GuestGuest(s), has fully vacated the Remote Collocation SpaceSpace and the Space Relinquishment Form has been accepted by BellSouth. Should WebShoppe If ACCESS Integrated or WebShoppeACCESS Integrated’s Guest fail Guest(s) fails 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 WebShoppe or WebShoppe’s Guest at WebShoppe’s expense and with no liability for damage or injury to WebShoppe or WebShoppe’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, WebShoppe shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe except for ordinary wear and tear unless otherwise agreed to by the Parties. WebShoppe 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.thirty

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, WebShoppe CLEC-1 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 CLEC-1’s right to occupy the Collocation Space in the event CLEC-1 fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, WebShoppe CLEC-1 at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe CLEC-1 shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppeCLEC-1’s Guests, unless WebShoppeCLEC’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 WebShoppe . CLEC-1 shall continue payment of monthly fees to BellSouth until such date as WebShoppeCLEC-1, and if applicable WebShoppeCLEC-1’s Guest, has fully vacated the Remote Collocation Space. Should WebShoppe CLEC-1 or WebShoppeCLEC-1’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 WebShoppe CLEC-1 or WebShoppeCLEC-1’s Guest at WebShoppeCLEC-1’s expense and with no liability for damage or injury to WebShoppe CLEC-1 or WebShoppeCLEC-1’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect CLEC-1’s right to a Remote occupy Collocation Space, WebShoppe CLEC-1 shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe CLEC-1 except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. WebShoppe CLEC-1 or CLEC-1’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 and XXXX records. CLEC-1 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 Termination of occupancy Occupancy in this Agreement, WebShoppe T-Mobile 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 T-Mobile’s right to occupy the Collocation Space in the event T-Mobile fails to comply with any material provision of this Agreement after the cure period provided herein. 4.2.1 Upon termination of such occupancy, WebShoppe T-Mobile at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe T-Mobile shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppeT-Mobile’s Guests, unless WebShoppeT-Mobile’s Guest 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 WebShoppe . T- Mobile shall continue payment of monthly fees to BellSouth until such date as WebShoppeT- Mobile, and if applicable WebShoppeT-Mobile’s Guest, has fully vacated the Remote Collocation SpaceSpace and the Space Relinquish Form has been accepted by BellSouth. Should WebShoppe T-Mobile or WebShoppeT-Mobile’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 WebShoppe T-Mobile or WebShoppeT-Mobile’s Guest at WebShoppeT-Mobile’s expense and with no liability for damage or injury to WebShoppe T-Mobile or WebShoppeT-Mobile’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect T-Mobile’s right to a Remote occupy Collocation Space, WebShoppe T-Mobile shall surrender such Remote Collocation Space to BellSouth in substantially the same condition as existed when first occupied by the WebShoppe T-Mobile except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. WebShoppe T-Mobile’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. T-Mobile 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. In addition to any other provisions addressing termination Termination of occupancy Occupancy in this AgreementExhibit, WebShoppe Termination of Occupancy may occur in the following circumstances: 4.3.1 WinStar 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, WebShoppe WinStar at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe WinStar shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppeWinStar’s Guests, unless WebShoppeCLEC’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 WebShoppe . WinStar shall continue payment of monthly fees to BellSouth until such date as WebShoppe, and if applicable WebShoppe’s Guest, WinStar has fully vacated the Remote Collocation Space. Should WebShoppe WinStar or WebShoppeWinStar’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 WebShoppe WinStar or WebShoppeWinStar’s Guest at WebShoppeWinStar’s expense and with no liability for damage or injury to WebShoppe WinStar or WebShoppeWinStar’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect WinStar’s right to a Remote occupy Collocation Space, WebShoppe WinStar shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe WinStar except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. WebShoppe WinStar 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, WebShoppe Termination of Occupancy may occur in the following circumstances: 4.3.1 BTC 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, WebShoppe BTC at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe BTC shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppeBTC’s Guests, unless WebShoppeCLEC’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 WebShoppe . BTC shall continue payment of monthly fees to BellSouth until such date as WebShoppe, and if applicable WebShoppe’s Guest, BTC has fully vacated the Remote Collocation Space. Should WebShoppe BTC or WebShoppeBTC’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 WebShoppe BTC or WebShoppeBTC’s Guest at WebShoppeBTC’s expense and with no liability for damage or injury to WebShoppe BTC or WebShoppeBTC’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect BTC’s right to a Remote occupy Collocation Space, WebShoppe BTC shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe BTC except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. WebShoppe BTC 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, WebShoppe Termination of Occupancy may occur in the following circumstances: 4.3.1 BBOC 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, WebShoppe BBOC at its expense shall remove its equipment and other property from the Remote Collocation Space. WebShoppe BBOC shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of WebShoppeBBOC’s Guests, unless WebShoppeCLEC’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 WebShoppe . BBOC shall continue payment of monthly fees to BellSouth until such date as WebShoppe, and if applicable WebShoppe’s Guest, BBOC has fully vacated the Remote Collocation Space. Should WebShoppe BBOC or WebShoppeBBOC’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 WebShoppe BBOC or WebShoppeBBOC’s Guest at WebShoppeBBOC’s expense and with no liability for damage or injury to WebShoppe BBOC or WebShoppeBBOC’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of occupancy with respect BBOC’s right to a Remote occupy Collocation Space, WebShoppe BBOC shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the WebShoppe BBOC except for ordinary wear and tear tear, unless otherwise agreed to by the Parties. WebShoppe BBOC 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.