Common use of Virtual to Physical Collocation Relocation Clause in Contracts

Virtual to Physical Collocation Relocation. In the event physical collocation space was previously denied at a location due to technical reasons or space limitations, and physical collocation space has subsequently become available, ALEC Inc., may relocate its virtual collocation arrangements to physical collocation arrangements and pay the appropriate fees for physical collocation and for the rearrangement or reconfiguration of services terminated in the virtual collocation arrangement, as outlined in the appropriate BellSouth tariffs. In the event that BellSouth knows when additional space for physical collocation may become available at the location requested by ALEC Inc.,, such information will be provided to ALEC Inc., in BellSouth’s written denial of physical collocation. To the extent that (i) physical Collocation Space becomes available to ALEC Inc., within 180 calendar days of BellSouth’s written denial of ALEC Inc.,’s request for physical collocation, (ii) BellSouth had knowledge that the space was going to become available, and (iii) ALEC Inc., was not informed in the written denial that physical Collocation Space would become available within such 180 calendar days, then ALEC Inc., may relocate its virtual collocation arrangement to a physical collocation arrangement and will receive a credit for any nonrecurring charges previously paid for such virtual collocation. ALEC Inc., must arrange with a BellSouth Certified Supplier for the relocation of equipment from its virtual Collocation Space to its physical Collocation Space and will bear the cost of such relocation.

Virtual to Physical Collocation Relocation. In the event physical collocation space was previously denied at a location due to technical reasons or space limitations, and physical collocation space has subsequently become available, ALEC Inc., DSLi may relocate its virtual collocation arrangements to physical collocation arrangements and pay the appropriate fees for physical collocation and for the rearrangement or reconfiguration Version 3Q01: 10/22/01 of services terminated in the virtual collocation arrangement, as outlined in the appropriate BellSouth tariffs. In the event that BellSouth knows when additional space for physical collocation may become available at the location requested by ALEC Inc.,DSLi, such information will be provided to ALEC Inc., DSLi in BellSouth’s written denial of physical collocation. To the extent that (i) physical Collocation Space becomes available to ALEC Inc., DSLi within 180 calendar days of BellSouth’s written denial of ALEC Inc.,DSLi’s request for physical collocation, (ii) BellSouth had knowledge that the space was going to become available, and (iii) ALEC Inc., DSLi was not informed in the written denial that physical Collocation Space would become available within such 180 calendar days, then ALEC Inc., DSLi may relocate its virtual collocation arrangement to a physical collocation arrangement and will receive a credit for any nonrecurring charges previously paid for such virtual collocation. ALEC Inc., DSLi must arrange with a BellSouth Certified Supplier for the relocation of equipment from its virtual Collocation Space to its physical Collocation Space and will bear the cost of such relocation.

Virtual to Physical Collocation Relocation. In the event physical collocation space Collocation Space was previously denied at a location due to technical reasons or space limitations, and that physical collocation space Collocation Space has subsequently become available, ALEC Inc., MTS Communications may relocate its virtual collocation arrangements to physical collocation arrangements and pay the appropriate non-recurring fees for physical collocation and for the rearrangement or reconfiguration of services terminated in the virtual collocation arrangement, as outlined in the appropriate BellSouth tariffs. In the event that BellSouth knows when additional space for physical collocation may become available at the location requested by ALEC Inc.,MTS Communications, such information will be provided to ALEC Inc., MTS Communications in BellSouth’s written denial of physical collocation. To the extent that (i) physical Collocation Space becomes available to ALEC Inc., MTS Communications within 180 calendar days of BellSouth’s written denial of ALEC Inc.,MTS Communications’s request for physical collocation, (ii) BellSouth had knowledge that the space was going to become available, and (iii) ALEC Inc., MTS Communications was not informed in the written denial that physical Collocation Space would become available within such 180 calendar days, then ALEC Inc., MTS Communications may relocate transition its virtual collocation arrangement to a physical collocation arrangement and will receive a credit for any nonrecurring charges previously paid for such virtual collocation. ALEC Inc., MTS Communications must arrange with a BellSouth Certified Supplier for the relocation of equipment from its virtual Collocation Space to its physical Collocation Space and will bear the cost of such relocation.