Common use of Use of Collocation Space Clause in Contracts

Use of Collocation Space. 6.1 Subject to § 6.13 below, Core shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Core shall not use the Collocation Space for office, retail, or sales purposes. Core shall place no signs or markings of any kind (except for a plaque or other identification affixed to Core’s equipment and reasonably necessary to identify Core’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core in the Collocation Space. 6.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Core when access to the Collocation Space is required. Core may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Core will not bear any of the expense associated with this work. 6.4 Core Access to Core’s Collocation Space Core shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core to traverse restricted areas. All employees, agents and contractors of Core having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core except for ordinary wear and tear. 6.5 Core must submit an application listing all of Core’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Core shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 6.6 In the event that subsequent to the execution of this Attachment Core desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core shall indicate its intent to proceed with equipment installation in an Windstream Central Office by submitting a Bona Fide Firm Order; Exhibit B attached hereto, to Windstream. A Bona Fide Firm Order requires Core to complete the Application/Inquiry process described in § 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.0, following. The Bona Fide Firm Order must be received by Windstream no later than thirty (30) days after Windstream’s response to Core’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Bona Fide Firm Order and all applicable fees. 6.9 Core shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Core of delays. Core agrees Windstream shall not be liable to Core for delays in providing possession of the Collocation Space. 6.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 6.11 Core equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 6.14 Subject to this Attachment, Core may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core at any time. Core shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 In no case shall Core or any person purporting to be acting through or on behalf of Core make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by Core, provided that Windstream shall have the right to reject or modify any such request. Core shall pay the cost of any such construction in accordance with Windstream’s then- standard custom work order process.

Appears in 1 contract

Samples: Interconnection Agreement

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Use of Collocation Space. 6.1 7.1 Subject to § 6.13 7.13 below, Core NebraskaLink shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Core NebraskaLink shall not use the Collocation Space for office, retail, or sales purposes. Core NebraskaLink shall place no signs or markings of any kind (except for a plaque or other identification affixed to Core’s NebraskaLink’ equipment and reasonably necessary to identify Core’s NebraskaLink’ equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core 7.2 NebraskaLink is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core NebraskaLink in the Collocation Space.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D 6.3 7.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Core NebraskaLink when access to the Collocation Space is required. Core NebraskaLink may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Core NebraskaLink will not bear any of the expense associated with this work. 6.4 Core 7.4 NebraskaLink Access to Core’s NebraskaLink’ Collocation Space Core NebraskaLink shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core NebraskaLink to traverse restricted areas. All employees, agents and contractors of Core NebraskaLink having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx NebraskaLink agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core NebraskaLink shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core NebraskaLink except for ordinary wear and tear. 6.5 Core 7.5 NebraskaLink must submit an application listing all of Core’s NebraskaLink’ telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core NebraskaLink warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Core NebraskaLink shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 6.6 7.6 In the event that subsequent to the execution of this Attachment Core NebraskaLink desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core NebraskaLink shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 7.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core 7.8 NebraskaLink shall indicate its intent to proceed with equipment installation in an a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a Bona Fide Firm Order; Exhibit B attached hereto, to Windstreamrequest to: XXX.Xxxxxxx.Xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. A Bona Fide Firm Order Collocation Application Form requires Core NebraskaLink to complete the Application/Inquiry process described in § 6.5 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.015.0, following. The Bona Fide Firm Order Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to Core’s NebraskaLink’ Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Bona Fide Firm Order Collocation Application Form and all applicable fees.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D 6.9 Core 7.9 NebraskaLink shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Core NebraskaLink of delays. Core NebraskaLink agrees Windstream shall not be liable to Core NebraskaLink for delays in providing possession of the Collocation Space. 6.10 7.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 6.11 Core 7.11 NebraskaLink equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 6.12 7.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 15.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 15.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 6.14 7.14 Subject to this Attachment, Core NebraskaLink may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core NebraskaLink in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core NebraskaLink at any time. Core NebraskaLink shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 7.15 In no case shall Core NebraskaLink or any person purporting to be acting through or on behalf of Core NebraskaLink make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by CoreNebraskaLink, provided that Windstream shall have the right to reject or modify any such request. Core NebraskaLink shall pay the cost of any such construction in accordance with Windstream’s then- then-standard custom work order process.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D

Appears in 1 contract

Samples: Interconnection Agreement

Use of Collocation Space. 6.1 7.1 Subject to § 6.13 7.13 below, Core Allo Communications shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Core Allo Communications shall not use the Collocation Space for office, retail, or sales purposes. Core Allo Communications shall place no signs or markings of any kind (except for a plaque or other identification affixed to Core’s Allo Communications’ equipment and reasonably necessary to identify Core’s Allo Communications’ equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core 7.2 Allo Communications is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core Allo Communications in the Collocation Space. 6.3 7.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Core Allo Communications when access to the Collocation Space is required. Core Allo Communications may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Core Allo Communications will not bear any of the expense associated with this work. 6.4 Core 7.4 Allo Communications Access to Core’s Allo Communications’ Collocation Space Core Allo Communications shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core Allo Communications to traverse restricted areas. All employees, agents and contractors of Core Allo Communications having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx Allo Communications agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core Allo Communications shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core Allo Communications except for ordinary wear and tear. 6.5 Core 7.5 Allo Communications must submit an application listing all of Core’s Allo Communications’ telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core Allo Communications warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Core Allo Communications shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 6.6 7.6 In the event that subsequent to the execution of this Attachment Core Allo Communications desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core Allo Communications shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 7.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core 7.8 Allo Communications shall indicate its intent to proceed with equipment installation in an a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a Bona Fide Firm Order; Exhibit B attached hereto, to Windstreamrequest to: XXX.Xxxxxxx.Xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. A Bona Fide Firm Order Collocation Application Form requires Core Allo Communications to complete the Application/Inquiry process described in § 6.5 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.015.0, following. The Bona Fide Firm Order Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to Core’s Allo Communications’ Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Bona Fide Firm Order Collocation Application Form and all applicable fees. 6.9 Core 7.9 Allo Communications shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Core Allo Communications of delays. Core Allo Communications agrees Windstream shall not be liable to Core Allo Communications for delays in providing possession of the Collocation Space. 6.10 7.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 6.11 Core 7.11 Allo Communications equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 6.12 7.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 15.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 15.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 6.14 7.14 Subject to this Attachment, Core Allo Communications may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core Allo Communications in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core Allo Communications at any time. Core Allo Communications shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 7.15 In no case shall Core Allo Communications or any person purporting to be acting through or on behalf of Core Allo Communications make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by CoreAllo Communications, provided that Windstream shall have the right to reject or modify any such request. Core Allo Communications shall pay the cost of any such construction in accordance with Windstream’s then- then-standard custom work order process.

Appears in 1 contract

Samples: Interconnection Agreement

Use of Collocation Space. 6.1 Subject to § 6.13 below, Core Comcast shall only use the Collocation Space solely for the purposes of locating equipment and facilities within Windstreamexplicitly allowed under the FCC’s central offices to connect with Windstream services onlycollocation rules found in Title 47 Part 51. Consistent with the nature of the Building and the environment of the Collocation Space, Core Comcast shall not use the Collocation Space for office, retail, or sales purposes. Core Comcast shall place no signs or markings of any kind (except for a plaque or other identification affixed to CoreComcast’s equipment and reasonably necessary to identify CoreComcast’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core Comcast is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core Comcast in the Collocation Space. 6.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable written notice to Core Comcast when access to the Collocation Space is required. Core Comcast may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Core Comcast will not bear any of the expense associated with this work. 6.4 Core Comcast Access to CoreComcast’s Collocation Space Core Comcast shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core Comcast to traverse restricted areas. All employees, agents and contractors of Core Comcast having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx Comcast agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core Comcast shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core Comcast except for ordinary wear and teartear or damage by fire or other casualty excepted. 6.5 Core Comcast must submit an application listing all of CoreComcast’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core Comcast warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Core Comcast shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 6.6 In the event that subsequent to the execution of this Attachment Core Comcast desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core Comcast shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core Comcast shall indicate its intent to proceed with equipment installation in an a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a Bona Fide Firm Order; Exhibit B attached hereto, to Windstreamrequest to: XXX.Xxxxxxx.Xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. A Bona Fide Firm Order Collocation Application Form requires Core Comcast to complete the Application/Inquiry process described in § 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.0, following. The Bona Fide Firm Order Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to CoreComcast’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Bona Fide Firm Order Collocation Application Form and all applicable fees. 6.9 Core Comcast shall bare bear all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will promptly advise Core Comcast of delays. Core agrees Windstream shall not be liable to Core for delays in providing possession of the Collocation Space. 6.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feetfeet unless cageless collocation has been requested. 6.11 Core Comcast equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, that is supported by demonstrable evidence from Windstream, is strictly prohibited. 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 6.14 Subject to this Attachment, Core Comcast may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core Comcast in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core Comcast at any time. Core Comcast shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 In no case shall Core Comcast or any person purporting to be acting through or on behalf of Core Comcast make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by CoreComcast, provided that Windstream shall have the right to reject or modify any such request. Core Comcast shall pay the cost of any such construction in accordance with Windstream’s then- then-standard custom work order process.

Appears in 1 contract

Samples: Interconnection Agreement

Use of Collocation Space. 6.1 Subject to § 6.13 below, Core KMC shall only use the Collocation Space for purposes of locating equipment and facilities within WindstreamALLTEL’s central offices to connect with Windstream ALLTEL services only. Consistent with the nature of the Building and the environment of the Collocation Space, Core KMC shall not use the Collocation Space for office, retail, or sales purposes. Core KMC shall place no signs or markings of any kind (except for a plaque or other identification affixed to CoreKMC’s equipment and reasonably necessary to identify CoreKMC’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core KMC is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core KMC in the Collocation Space. 6.3 From time to time Windstream ALLTEL may require access to the Collocation Space. Windstream ALLTEL retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream ALLTEL will give reasonable notice to Core KMC when access to the Collocation Space is required. Core KMC may elect to be present whenever Windstream XXXXXX performs work in the Collocation Space. The Parties agree that Core KMC will not bear any of the expense associated with this work. 6.4 Core KMC Access to CoreKMC’s Collocation Space Core shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core to traverse restricted areas. All employees, agents and contractors of Core having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core except for ordinary wear and tear. 6.5 Core KMC must submit an application listing all of CoreKMC’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core KMC warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by WindstreamALLTEL, would be a material breach of this Attachment. Core KMC shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of WindstreamALLTEL. 6.6 In the event that subsequent to the execution of this Attachment Core KMC desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core KMC shall furnish to Windstream ALLTEL a written list and description of the equipment or facilities. Windstream ALLTEL may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 The foregoing imposes no obligation upon Windstream ALLTEL to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core KMC shall indicate its intent to proceed with equipment installation in an Windstream ALLTEL Central Office by submitting a Bona Fide Firm Order; Exhibit B attached hereto, to WindstreamALLTEL. A Bona Fide Firm Order requires Core KMC to complete the Application/Inquiry process described in § 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.0, following. The Bona Fide Firm Order must be received by Windstream ALLTEL no later than thirty (30) days after WindstreamALLTEL’s response to CoreKMC’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream ALLTEL receives the Bona Fide Firm Order and all applicable fees. 6.9 Core KMC shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream ALLTEL may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream ALLTEL will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Core KMC of delays. Core KMC agrees Windstream ALLTEL shall not be liable to Core KMC for delays in providing possession of the Collocation Space. 6.10 Pursuant to the terms contained in this Attachment, Windstream ALLTEL shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 6.11 Core KMC equipment or operating practices representing a significant demonstrable technical threat to WindstreamALLTEL’s network or facilities, including the building, is strictly prohibited. 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream ALLTEL or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 Windstream ALLTEL will permit interconnection between two collocated local service providers at the rates specified in § 14.9 Direct Connection. Windstream ALLTEL will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream ALLTEL will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream ALLTEL will not make the physical connection within the local service provider’s collocation node. Windstream ALLTEL will not accept any liability for the cable or the connections and Windstream ALLTEL will not maintain any records concerning these connections. 6.14 Subject to this Attachment, Core KMC may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core KMC in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core KMC at any time. Core KMC shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 In no case shall Core KMC or any person purporting to be acting through or on behalf of Core KMC make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of WindstreamALLTEL. Windstream ALLTEL shall consider a modification, improvement, addition, repair, or other alteration requested by CoreKMC, provided that Windstream ALLTEL shall have the right to reject or modify any such request. Core KMC shall pay the cost of any such construction in accordance with WindstreamALLTEL’s then- then-standard custom work order process.

Appears in 1 contract

Samples: Interconnection Agreement

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Use of Collocation Space. 6.1 7.1 Subject to § 6.13 7.13 below, Core Alliance Connect shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Core Alliance Connect shall not use the Collocation Space for office, retail, or sales purposes. Core Alliance Connect shall place no signs or markings of any kind (except for a plaque or other identification affixed to CoreAlliance Connect’s equipment and reasonably necessary to identify CoreAlliance Connect’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core 7.2 Alliance Connect is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core Alliance Connect in the Collocation Space. 6.3 7.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Core Alliance Connect when access to the Collocation Space is required. Core Alliance Connect may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Core Alliance Connect will not bear any of the expense associated with this work. 6.4 Core 7.4 Alliance Connect Access to CoreAlliance Connect’s Collocation Space Core Alliance Connect shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core Alliance Connect to traverse restricted areas. All employees, agents and contractors of Core Alliance Connect having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx Alliance Connect agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core Alliance Connect shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core Alliance Connect except for ordinary wear and tear. 6.5 Core 7.5 Alliance Connect must submit an application listing all of CoreAlliance Connect’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core Alliance Connect warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Core Alliance Connect shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 6.6 7.6 In the event that subsequent to the execution of this Attachment Core Alliance Connect desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core Alliance Connect shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 7.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core 7.8 Alliance Connect shall indicate its intent to proceed with equipment installation in an a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a Bona Fide Firm Order; Exhibit B attached hereto, to Windstreamrequest to: XXX.Xxxxxxx.Xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. A Bona Fide Firm Order Collocation Application Form requires Core Alliance Connect to complete the Application/Inquiry process described in § 6.5 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.015.0, following. The Bona Fide Firm Order Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to CoreAlliance Connect’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Bona Fide Firm Order Collocation Application Form and all applicable fees. 6.9 Core 7.9 Alliance Connect shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Core Alliance Connect of delays. Core Alliance Connect agrees Windstream shall not be liable to Core Alliance Connect for delays in providing possession of the Collocation Space. 6.10 7.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 6.11 Core 7.11 Alliance Connect equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 6.12 7.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 15.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 15.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 6.14 7.14 Subject to this Attachment, Core Alliance Connect may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core Alliance Connect in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core Alliance Connect at any time. Core Alliance Connect shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 7.15 In no case shall Core Alliance Connect or any person purporting to be acting through or on behalf of Core Alliance Connect make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by CoreAlliance Connect, provided that Windstream shall have the right to reject or modify any such request. Core Alliance Connect shall pay the cost of any such construction in accordance with Windstream’s then- then-standard custom work order process.

Appears in 1 contract

Samples: Interconnection Agreement

Use of Collocation Space. 6.1 Subject to § 6.13 below, Core TWCIS (KY) shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Core TWCIS (KY) shall not use the Collocation Space for office, retail, or sales purposes. Core TWCIS (KY) shall place no signs or markings of any kind (except for a plaque or other identification affixed to CoreTWCIS (KY)’s equipment and reasonably necessary to identify CoreTWCIS (KY)’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 Core TWCIS (KY) is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Core TWCIS (KY) in the Collocation Space. 6.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable written notice to Core TWCIS (KY) when access to the Collocation Space is required. Core TWCIS (KY) may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Core TWCIS (KY) will not bear any of the expense associated with this work. 6.4 Core TWCIS (KY) Access to CoreTWCIS (KY)’s Collocation Space Core TWCIS (KY) shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Core TWCIS (KY) to traverse restricted areas. All employees, agents and contractors of Core TWCIS (KY) having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Xxxx TWCIS (KY) agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Core TWCIS (KY) shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Core TWCIS (KY) except for ordinary wear and teartear or damage by fire or other casualty excepted. 6.5 Core TWCIS (KY) must submit an application listing all of CoreTWCIS (KY)’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Core TWCIS (KY) warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Core TWCIS (KY) shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 6.6 In the event that subsequent to the execution of this Attachment Core TWCIS (KY) desires to place in the Collocation Space any equipment or facilities not set forth on the application, Core TWCIS (KY) shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 6.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 6.8 Core TWCIS (KY) shall indicate its intent to proceed with equipment installation in an a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a Bona Fide Firm Order; Exhibit B attached hereto, to Windstreamrequest to: XXX.Xxxxxxx.Xxxxxxxxxxxxxxx@Xxxxxxxxxx.xxx. A Bona Fide Firm Order Collocation Application Form requires Core TWCIS (KY) to complete the Application/Inquiry process described in § 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.0, following. The Bona Fide Firm Order Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to CoreTWCIS (KY)’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Bona Fide Firm Order Collocation Application Form and all applicable fees. 6.9 Core TWCIS (KY) shall bare bear all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will promptly advise Core TWCIS (KY) of delays. Core agrees Windstream shall not be liable to Core for delays in providing possession of the Collocation Space. 6.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 6.11 Core TWCIS (KY) equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, that is supported by demonstrable evidence from Windstream, is strictly prohibited. 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 6.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 6.14 Subject to this Attachment, Core TWCIS (KY) may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Core TWCIS (KY) in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Core TWCIS (KY) at any time. Core TWCIS (KY) shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 In no case shall Core TWCIS (KY) or any person purporting to be acting through or on behalf of Core TWCIS (KY) make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by CoreTWCIS (KY), provided that Windstream shall have the right to reject or modify any such request. Core TWCIS (KY) shall pay the cost of any such construction in accordance with Windstream’s then- then-standard custom work order process.

Appears in 1 contract

Samples: Interconnection Agreement

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