Common use of Abandoned Equipment Clause in Contracts

Abandoned Equipment. If CenturyLink finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLink, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLink's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mailmail pursuant to Section 5.21. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account therefore, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this Agreement, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this Agreement.

Abandoned Equipment. If CenturyLink Qwest finds, in the course of business, reasonable evidence to substantiate that any equipment or property of CLEC has been abandoned or left unclaimed in or at any Premises, CenturyLink Qwest shall notify CLEC in writing, via an electronic form, of the existence of such equipment or property and CLEC shall have sixty (60) Days from the date of receipt of such notice to remove such equipment or property from the Premises. If CenturyLink Qwest has not received any response to this notice within thirty (30) Days of the sending of the notice, CenturyLink Qwest shall send a copy of the notice to CLEC via registered mail. If, prior to the termination of the sixty (60) Day period, CLEC disputes that the equipment or property has been abandoned or left unclaimed at the Premises, CLEC shall provide written notice to CenturyLink Qwest of such dispute ("Resolution Request") and commence Dispute Resolution proceedings pursuant to Section 5.18 of this the Agreement. If no Resolution Request has been delivered to CenturyLink Qwest within sixty (60) Days of the first written notice, all equipment or property of CLEC not removed from the Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. If CLEC delivers a Resolution Request but fails to commence Dispute Resolution proceedings pursuant to Section 5.18 of this the Agreement or to otherwise resolve the dispute with CenturyLinkQwest, within thirty (30) Days of the delivery of such Resolution Request, then thirty (30) Days after the date of the Resolution Request, all equipment or property of CLEC not removed from the CenturyLink Qwest Premises shall conclusively be deemed and construed to have been transferred, deeded, and assigned by CLEC to CenturyLink Qwest and may be appropriated, sold, stored, destroyed and/or otherwise disposed of by CenturyLink Qwest without further notice to CLEC and without obligation to account thereforetherefor, and CLEC shall reimburse CenturyLink Qwest for all reasonable expenses incurred in connection with the storage or other disposition of such equipment or property. CLEC hereby releases and agrees to defend, indemnify, and hold harmless CenturyLink Qwest from and against any and all costs, expenses, claims, judgments, damages, liability or obligation arising out of or in connection with CenturyLinkQwest's exercise of any or all of its rights under this Section. Notwithstanding the provisions of this Section, where CLEC has submitted a Decommissioning Application, the provisions of Section 8.2.1.22.1 of this AgreementAmendment, shall govern the equipment or property of CLEC and not this Section unless CLEC fails to remove its equipment or property in accordance with the terms of Section 8.2.1.22.1 of this AgreementAmendment.