Common use of Adjacent Collocation Clause in Contracts

Adjacent Collocation. BellSouth will provide adjacent collocation arrangements (“Adjacent Arrangement”) where space within the Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by OptiLink and in conformance with BellSouth’s design and construction specifications. Further, OptiLink shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink elect such option, OptiLink must arrange with a BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, OptiLink and OptiLink’s contractor must comply with local building code requirements. OptiLink’s contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLink’s BellSouth Certified Vendor shall ▇▇▇▇ OptiLink directly for all work performed for OptiLink pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the Certified Vendor. OptiLink must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLink’s locked enclosure prior to notifying OptiLink. 3.4.2 BellSouth maintains the right to review OptiLink’s plans and specifications prior to construction of an Adjacent Arrangement(s). BellSouth may inspect the Adjacent Arrangement(s) following construction and prior to commencement, as defined in Section 4.1 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require OptiLink, at OptiLink’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 OptiLink shall provide a concrete pad, the structure housing the arrangement, HVAC, lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnection. At OptiLink’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. OptiLink’s contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceeding.

Appears in 1 contract

Sources: Interconnection Agreement

Adjacent Collocation. BellSouth will provide adjacent collocation arrangements (“Adjacent Arrangement”) where space within the Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by OptiLink COMPASS and in conformance with BellSouth’s design and construction specifications. Further, OptiLink COMPASS shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink COMPASS elect such option, OptiLink COMPASS must arrange with a BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, OptiLink COMPASS and OptiLinkCOMPASS’s contractor must comply with local building code requirements. OptiLinkCOMPASS’s contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkCOMPASS’s BellSouth Certified Vendor shall ▇▇▇▇ OptiLink COMPASS directly for all work performed for OptiLink COMPASS pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the Certified Vendor. OptiLink COMPASS must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLinkCOMPASS’s locked enclosure prior to notifying OptiLinkCOMPASS. 3.4.2 BellSouth maintains the right to review OptiLinkCOMPASS’s plans and specifications prior to construction of an Adjacent Arrangement(s). BellSouth may inspect the Adjacent Arrangement(s) following construction and prior to commencement, as defined in Section 4.1 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require OptiLinkCOMPASS, at OptiLinkCOMPASS’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 OptiLink COMPASS shall provide a concrete pad, the structure housing the arrangement, HVAC, lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnection. At OptiLinkCOMPASS’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. OptiLink’s contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceedingproceeding.

Appears in 1 contract

Sources: Interconnection Agreement

Adjacent Collocation. BellSouth ▇▇▇▇▇▇▇▇▇ will provide permit adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Central Office Premises is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office Premises property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by OptiLink MTS Communications and in conformance with BellSouth’s design and construction specifications. Further, OptiLink MTS Communications shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent CollocationArrangement. 3.4.1 3.5.1 Should OptiLink MTS Communications elect such option, OptiLink MTS Communications must arrange with a BellSouth certified contractor Certified Contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, OptiLink MTS Communications and OptiLinkMTS Communications’s contractor BellSouth Certified Contractor must comply with the more stringent local building code requirements. OptiLinkMTS Communications’s contractor BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkMTS Communications’s BellSouth Certified Vendor Contractor shall ▇▇▇▇ OptiLink bill MTS Communications directly for all work performed for OptiLink MTS Communications pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified VendorContractor. OptiLink MTS Communications must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLinkMTS Communications’s locked enclosure prior to notifying OptiLinkMTS Communications. 3.4.2 3.5.2 MTS Communications must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review OptiLinkMTS Communications’s plans and specifications prior to construction of an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth may shall complete its review within fifteen (15) calendar days. If BellSouth reviews MTS Communications’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review MTS Communications’s plans and specifications prior to commencementconstruction, as defined MTS Communications will be entitled to request BellSouth to review; and in Section 4.1 followingthe event MTS Communications does not request a BellSouth review, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require OptiLinkMTS Communications to remove or correct within seven (7) calendar days at MTS Communications’s expense any structure that does not meet these plans and specifications or, at OptiLink’s sole costwhere applicable, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame.specifications 3.4.3 OptiLink 3.5.3 MTS Communications shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnectiondemarcation. At OptiLinkMTS Communications’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. OptiLinkMTS Communications’s contractor BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangmentarrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceeding3.4 preceding.

Appears in 1 contract

Sources: Interconnection Agreement

Adjacent Collocation. BellSouth will provide adjacent collocation arrangements ("Adjacent Arrangement") where space within the Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by OptiLink Pathnet and in conformance with BellSouth’s 's design and construction specifications. Further, OptiLink Pathnet shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink Pathnet elect such option, OptiLink Pathnet must arrange with a BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s 's guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s 's standard specification, OptiLink Pathnet and OptiLink’s Pathnet's contractor must comply with local building code requirements. OptiLink’s Pathnet's contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLink’s Pathnet's BellSouth Certified Vendor shall bill ▇▇▇▇ OptiLink hnet directly for all work performed for OptiLink Pathnet pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the Certified Vendor. OptiLink Pathnet must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLink’s Pathnet's locked enclosure prior to notifying OptiLinkPathnet. 3.4.2 BellSouth maintains the right to review OptiLink’s Pathnet's plans and specifications prior to construction of an Adjacent Arrangement(s). BellSouth may inspect the Adjacent Arrangement(s) following construction and prior to commencement, as defined in Section 4.1 following, to ensure the design and construction comply with BellSouth’s 's guidelines and specifications. BellSouth may require OptiLinkPathnet, at OptiLink’s Pathnet's sole cost, to correct any deviations from BellSouth’s 's guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s 's inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 OptiLink Pathnet shall provide a concrete pad, the structure housing the arrangement, HVAC, lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnection. At OptiLink’s Pathnet's option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. OptiLink’s contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceedingproceeding.

Appears in 1 contract

Sources: Collocation Agreement (Pathnet Telecommunications Inc)

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide permit an adjacent collocation arrangements arrangement (Adjacent Arrangement) where on Premises’ property only when space within the Central Office Premises is legitimately exhausted, subject to technical feasibility, exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulationsPremises’ property. The An Adjacent Arrangement shall be constructed or procured by OptiLink NOS Communications, Inc. and must be in conformance with BellSouth’s design and construction specificationsSpecifications. Further, OptiLink NOS Communications, Version 1Q03: 02/28/03 Inc. shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink elect such optionIf NOS Communications, OptiLink Inc. requests Adjacent Collocation, pursuant to the conditions stated in 3.4 above, NOS Communications, Inc. must arrange with a BellSouth certified contractor Certified Supplier to construct an the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, OptiLink NOS Communications, Inc. and OptiLinkNOS Communications, Inc.’s contractor BellSouth Certified Supplier must comply with the more stringent local building code requirements. OptiLinkNOS Communications, Inc.’s contractor BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkNOS Communications, Inc.’s BellSouth Certified Vendor Supplier shall ▇▇▇▇ OptiLink bill NOS Communications, Inc. directly for all work performed for OptiLink NOS Communications, Inc. pursuant to this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by the NOS Communications, Inc.’s BellSouth Certified VendorSupplier. OptiLink NOS Communications, Inc. must provide the local BellSouth Central Office building contact with two cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case of an emergency, BellSouth shall will not access OptiLinkNOS Communications, Inc.’s locked enclosure prior to notifying OptiLinkNOS Communications, Inc. at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.2 NOS Communications, Inc. must submit its Adjacent Arrangement construction plans and specifications to BellSouth maintains the right to when it places its Firm Order. BellSouth shall review OptiLinkNOS Communications, Inc.’s plans and specifications prior to construction of an Adjacent Arrangement(s)) to ensure NOS Communications, Inc.’s compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from NOS Communications, Inc. for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement(s) following Arrangement during and after construction and prior to commencement, as defined in Section 4.1 following, is completed to ensure the design and construction comply with BellSouththat it is constructed according to NOS Communications, Inc.’s guidelines submitted plans and specifications. If BellSouth may require OptiLink, at OptiLink’s sole cost, decides to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within five fifteen (515) business calendar days after receipt of written notification of completion of the enclosure from NOS Communications, Inc.. BellSouth shall require NOS Communications, Inc. to remove or correct within seven (7) calendar days at NOS Communications, Inc.’s expense, any structure that does not meet its submitted plans and specifications or BellSouth’s inspectionSpecifications, unless the Parties mutually agree to an alternative time frameif applicable. 3.4.3 OptiLink NOS Communications, Inc. shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of interconnectiondemarcation. At OptiLinkNOS Communications, Inc.’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities facilities, subject to the same Version 1Q03: 02/28/03 nondiscriminatory requirements as those applicable to any other physical collocation arrangement. OptiLinkIn Alabama and Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC subject to individual case basis pricing. NOS Communications, Inc.’s contractor BellSouth Certified Supplier shall be responsible responsible, at NOS Communications, Inc.’s sole expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement Arrangement, pursuant to the terms and conditions set forth in Section 3.3 preceedingabove.

Appears in 1 contract

Sources: Clec Agreement

Adjacent Collocation. BellSouth will provide permit adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Central Office Premises is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office Premises property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by OptiLink NOS Communications, Inc. and in conformance with BellSouth’s design and construction specifications. Further, OptiLink NOS Communications, Inc. shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent CollocationArrangement. 3.4.1 3.5.1 Should OptiLink NOS Communications, Inc. elect such option, OptiLink NOS Communications, Inc. must arrange with a BellSouth certified contractor Certified Contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, OptiLink NOS Communications, Inc. and OptiLinkNOS Communications, Inc.’s contractor BellSouth Certified Contractor must comply with the more stringent local building code requirements. OptiLinkNOS Communications, Inc.’s contractor BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkNOS Communications, Inc.’s BellSouth Certified Vendor Contractor shall ▇▇▇▇ OptiLink NOS Communications, Inc. directly for all work performed for OptiLink NOS Communications, Inc. pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the BellSouth Certified VendorContractor. OptiLink NOS Communications, Inc. must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLinkNOS Communications, Inc.’s locked enclosure prior to notifying OptiLink.NOS Communications, Inc.. 3.4.2 3.5.2 NOS Communications, Inc. must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review OptiLinkNOS Communications, Inc.’s plans and specifications prior to construction of an Adjacent Arrangement(s)) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth may shall complete its review within fifteen (15) calendar days. If BellSouth reviews NOS Communications, Inc.’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement(s) following Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review NOS Communications, Inc.’s plans and specifications prior to commencementconstruction, as defined NOS Communications, Inc. will be entitled to request BellSouth to review; and in Section 4.1 followingthe event NOS Communications, Inc. does not request a BellSouth review, BellSouth shall have the right to ensure inspect the design and Adjacent Arrangement after construction comply with to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require OptiLinkNOS Communications, Inc. to remove or correct within seven (7) calendar days at OptiLinkNOS Communications, Inc.’s sole costexpense any structure that does not meet these plans and specifications or, to correct any deviations from where applicable, BellSouth’s guidelines and specifications found during such inspection(s)specifications 3.5.3 NOS Communications, up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 OptiLink Inc. shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnectiondemarcation. At OptiLinkNOS Communications, Inc.’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. OptiLinkNOS Communications, Inc.’s contractor BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangmentarrangement. 3.4.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceeding3.4 preceding.

Appears in 1 contract

Sources: Clec Agreement

Adjacent Collocation. Subject to technical feasibility, BellSouth will provide permit adjacent collocation arrangements (“Adjacent Arrangement”) where space within on the Central Office is legitimately exhausted, subject to technical feasibilityPremises’ property, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulationsPremises property. The Adjacent Arrangement shall be constructed or procured by OptiLink T-Mobile and in conformance with BellSouth’s design and construction specifications. Further, OptiLink T-Mobile shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent CollocationAgreement. 3.4.1 Should OptiLink T-Mobile elect such optionAdjacent Collocation, OptiLink T-Mobile must arrange with a BellSouth certified contractor Certified Supplier to construct an Adjacent Arrangement structure in accordance with BellSouth’s reasonable safety and maintenance guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, OptiLink T-Mobile and OptiLinkT-Mobile’s contractor BellSouth Certified Supplier must comply with the more stringent local building code requirements. OptiLinkT- Mobile’s contractor BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkT- Mobile’s BellSouth Certified Vendor Supplier shall ▇▇▇▇ OptiLink bill T-Mobile directly for all work performed for OptiLink T-Mobile pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the T-Mobile’s BellSouth Certified VendorSupplier. OptiLink T-Mobile must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLinkT-Mobile’s locked enclosure prior to notifying OptiLinkT-Mobile. 3.4.2 T-Mobile must submit its plans and specifications to BellSouth maintains the right with its Firm Order. BellSouth may elect to review OptiLinkT-Mobile’s plans and specifications prior to construction of an Adjacent Arrangement(s). BellSouth may inspect the Adjacent Arrangement(s) following construction and prior to commencement, as defined in Section 4.1 following, to ensure the design and construction comply compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of plans and specifications. BellSouth may inspect the Adjacent Arrangement during and after construction to confirm it is constructed according to the submitted plans and specifications. BellSouth shall require OptiLinkT-Mobile to remove or correct within seven (7) calendar days at T-Mobile’s expense any structure that does not meet these plans and specifications or, at OptiLink’s sole costwhere applicable, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame.specifications 3.4.3 OptiLink T-Mobile shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnectiondemarcation. At OptiLinkT- Mobile’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. OptiLinkIn Alabama and Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC, and subject to individual case basis pricing. T- Mobile’s contractor BellSouth Certified Supplier shall be responsible responsible, at T-Mobile’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 arrangement. BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceedingherein.

Appears in 1 contract

Sources: Collocation Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide permit an adjacent collocation arrangements arrangement (Adjacent Arrangement) where on BellSouth Premises property only when space within the Central Office requested BellSouth Premises is legitimately exhausted, subject to technical feasibility, exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulationsBellSouth Premises’ property. The An Adjacent Arrangement shall be constructed or procured by OptiLink PTLLC or PTLLC’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specificationsSpecifications. Further, OptiLink PTLLC shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink elect such optionIf PTLLC requests Adjacent Collocation, OptiLink pursuant to the conditions stated in 3.4 above, PTLLC must arrange with a BellSouth certified contractor Certified Supplier to construct an the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications the appropriate Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, OptiLink PTLLC and OptiLinkPTLLC’s contractor must BellSouth Certified Supplier shall comply with the more stringent local building code requirements. OptiLinkPTLLC’s contractor BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkPTLLC’s BellSouth Certified Vendor Supplier shall ▇▇▇▇ OptiLink PTLLC directly for all work performed for OptiLink pursuant PTLLC to comply with this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by the PTLLC’s BellSouth Certified VendorSupplier. OptiLink PTLLC must provide the local BellSouth building contact Central Office Building Contact with two (2) cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case of an emergency, BellSouth shall will not access OptiLinkPTLLC’s locked enclosure prior to notifying OptiLinkPTLLC at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.2 PTLLC must submit its Adjacent Arrangement construction plans and specifications to BellSouth maintains the right to when it places its Firm Order. BellSouth shall review OptiLinkPTLLC’s plans and specifications prior to the construction of an Adjacent Arrangement(s)) to ensure PTLLC’s compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from PTLLC for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement(s) following Arrangement during and after construction and prior to commencement, as defined in Section 4.1 following, is completed to ensure the design and construction comply with BellSouththat it is constructed according to PTLLC’s guidelines submitted plans and specifications. If BellSouth may require OptiLink, at OptiLink’s sole cost, decides to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within five fifteen (515) business calendar days after receipt of written notification of completion of the enclosure from PTLLC. BellSouth shall require PTLLC to remove or correct within seven (7) calendar days, at PTLLC’s expense, any structure that does not meet its submitted plans and specifications or BellSouth’s inspectionSpecifications, unless the Parties mutually agree to an alternative time frame.as applicable. Version 2Q04: 08/18/04 3.4.3 OptiLink PTLLC shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of interconnectiondemarcation. At OptiLinkPTLLC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation Collocation services and facilities facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical collocation Collocation arrangement. OptiLinkIn Alabama and Louisiana, at PTLLC’s contractor request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. PTLLC will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. PTLLC’s BellSouth Certified Supplier shall be responsible responsible, at PTLLC’s sole expense, for filing and receiving the required documentation to obtain any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) Caged caged Collocation within an Adjacent Arrangement Arrangement, pursuant to the terms and conditions set forth in Section 3.3 preceedingabove.

Appears in 1 contract

Sources: Interconnection Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will provide permit an adjacent collocation arrangements arrangement (Adjacent Arrangement) where on BellSouth Premises property only when space within the Central Office requested BellSouth Premises is legitimately exhausted, subject to technical feasibility, exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and where permitted by zoning and other applicable state and local regulationsBellSouth Premises’ property. The An Adjacent Arrangement shall be constructed or procured by OptiLink PTLLC or PTLLC’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specificationsSpecifications. Further, OptiLink PTLLC shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink elect such optionIf PTLLC requests Adjacent Collocation, OptiLink pursuant to the conditions stated in 3.4 above, PTLLC must arrange with a BellSouth certified contractor Certified Supplier to construct an the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications the appropriate Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, OptiLink PTLLC and OptiLinkPTLLC’s contractor must BellSouth Certified Supplier shall comply with the more stringent local building code requirements. OptiLinkPTLLC’s contractor BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLinkPTLLC’s BellSouth Certified Vendor Supplier shall ▇▇▇▇ OptiLink bill PTLLC directly for all work performed for OptiLink pursuant PTLLC to comply with this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by the PTLLC’s BellSouth Certified VendorSupplier. OptiLink PTLLC must provide the local BellSouth building contact Central Office Building Contact with two (2) cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case of an emergency, BellSouth shall will not access OptiLinkPTLLC’s locked enclosure prior to notifying OptiLinkPTLLC at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.2 PTLLC must submit its Adjacent Arrangement construction plans and specifications to BellSouth maintains the right to when it places its Firm Order. BellSouth shall review OptiLinkPTLLC’s plans and specifications prior to the construction of an Adjacent Arrangement(s)) to ensure PTLLC’s compliance with BellSouth’s Specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from PTLLC for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement(s) following Arrangement during and after construction and prior to commencement, as defined in Section 4.1 following, is completed to ensure the design and construction comply with BellSouththat it is constructed according to PTLLC’s guidelines submitted plans and specifications. BellSouth may require OptiLink, at OptiLink’s sole cost, If ▇▇▇▇▇▇▇▇▇ decides to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within five fifteen (515) business calendar days after receipt of written notification of completion of the enclosure from PTLLC. BellSouth shall require PTLLC to remove or correct within seven (7) calendar days, at PTLLC’s expense, any structure that does not meet its submitted plans and specifications or BellSouth’s inspectionSpecifications, unless the Parties mutually agree to an alternative time frame.as applicable. Version 2Q04: 08/18/04 3.4.3 OptiLink PTLLC shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of interconnectiondemarcation. At OptiLinkPTLLC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation Collocation services and facilities facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical collocation Collocation arrangement. OptiLinkIn Alabama and Louisiana, at PTLLC’s contractor request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. PTLLC will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. PTLLC’s BellSouth Certified Supplier shall be responsible responsible, at PTLLC’s sole expense, for filing and receiving the required documentation to obtain any and all necessary zoning, permits and/or licenses for such arrangment. 3.4.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) Caged caged Collocation within an Adjacent Arrangement Arrangement, pursuant to the terms and conditions set forth in Section 3.3 preceedingabove.

Appears in 1 contract

Sources: Interconnection Agreement