Common use of Adjacent Collocation Clause in Contracts

Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, AT&T will permit an adjacent collocation arrangement (Adjacent Arrangement) on AT&T Premises’ property only when space within the requested AT&T Premises is legitimately exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the AT&T Premises’ property. An Adjacent Arrangement shall be constructed or procured by CLEC or CLEC’s AT&T Certified Supplier and must be in conformance with the provisions of AT&T’s design and construction specifications. Further, CLEC shall construct, procure, maintain and operate said Adjacent Arrangement pursuant to all of the applicable rates, terms and conditions set forth in this Appendix. 3.4.2 If CLEC requests Adjacent Collocation, pursuant to the conditions stated in Section 3.4 above, CLEC must arrange with an AT&T Certified Supplier to construct or procure the Adjacent Arrangement structure in accordance with AT&T’s specifications. AT&T will provide the appropriate specifications upon request. Where local building codes require specifications more stringent than AT&T’s own specifications, CLEC and CLEC’s AT&T Certified Supplier shall comply with the more stringent local building code requirements. CLEC’s AT&T Certified Supplier shall be responsible for filing and obtaining any and all necessary zoning, permits and/or licenses for such construction. CLEC’s AT&T Certified Supplier shall ▇▇▇▇ ▇▇▇▇ directly for all work performed for CLEC to comply with this Appendix. AT&T shall have no liability for, nor responsibility to pay such charges imposed by CLEC’s AT&T Certified Supplier. CLEC must provide the local AT&T contact with two (2) cards, keys or other access devices used to gain entry into the locked enclosure. Except in the case of an emergency, AT&T will not access CLEC’s locked enclosure prior to notifying CLEC at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.3 CLEC must submit its Adjacent Arrangement construction plans and specifications to AT&T when it places its Firm Order. AT&T shall review CLEC’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure CLEC’s compliance with AT&T’s specifications. AT&T shall complete its review within fifteen (15) days after receipt of the plans and specifications from CLEC for the Adjacent Arrangement. AT&T may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to CLEC’s submitted plans and specifications. If AT&T decides to inspect the completed Adjacent Arrangement, AT&T will complete its inspection within fifteen (15) days after receipt of CLEC’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after AT&T has completed its inspection of CLEC’s Adjacent Arrangement, AT&T shall require CLEC, at CLEC’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or AT&T’s specifications, as applicable. 3.4.4 CLEC shall provide a concrete pad, the structure housing the Adjacent Arrangement, HVAC, lighting and all of the facilities that are required to connect the structure (i.e., racking, conduits, etc.) to the AT&T point of demarcation. At CLEC’s option and where the local authority having jurisdiction permits, AT&T shall provide an AC power source and access to physical Collocation services and facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation arrangement. In Alabama and Louisiana, at CLEC’s request and expense, AT&T will provide Direct Current (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. AT&T 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. CLEC 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. CLEC’s AT&T Certified Supplier shall be responsible, at CLEC’s sole expense, for filing the required documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. AT&T shall allow Shared Caged Collocation within an Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.

Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, AT&T will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on AT&T the Premises’ property only when space within the requested AT&T Premises is legitimately exhausted and ’, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the AT&T Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by CLEC or CLEC’s AT&T Certified Supplier SouthEast and must be in conformance with the provisions of AT&T’s design and construction specifications. Further, CLEC SouthEast shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this AppendixAttachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement. 3.4.2 If CLEC requests Adjacent Collocation3.4.1 Should SouthEast elect such option, pursuant to the conditions stated in Section 3.4 above, CLEC SouthEast must arrange with an AT&T Certified Supplier Contractor to construct or procure the Adjacent Arrangement structure in accordance with AT&T’s guidelines and specifications. AT&T will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than AT&T’s own specificationsstandard specification, CLEC SouthEast and CLECSouthEast’s Chosen AT&T Certified Supplier shall Contractor must comply with the more stringent local building code requirements. CLECSouthEast’s AT&T Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. CLECSouthEast’s chosen AT&T Certified Supplier Contractor shall ▇▇▇▇ ▇▇▇▇ bill SouthEast directly for all work performed for CLEC SouthEast pursuant to comply with this Appendix. Attachment and AT&T shall have no liability for, for nor responsibility to pay such charges imposed by CLEC’s the SouthEast chosen AT&T Certified SupplierContractor. CLEC For the Adjacent Arrangement, SouthEast must provide the local AT&T building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, AT&T will shall not access CLECSouthEast’s locked enclosure prior to notifying CLEC at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredSouthEast. 3.4.3 CLEC 3.4.2 SouthEast must submit its Adjacent Arrangement construction plans and specifications to AT&T when it places with its Firm Order. AT&T shall may elect to review CLECSouthEast’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure CLEC’s compliance with AT&T’s guidelines and specifications. AT&T shall complete its review within fifteen (15) days after receipt of the calendar days. If AT&T reviews SouthEast’s plans and specifications from CLEC for prior to construction, then AT&T will have the Adjacent Arrangement. AT&T may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to CLEC’s the submitted plans and specifications. If AT&T decides elects not to review SouthEast’s plans and specifications prior to construction, SouthEast will be entitled to request AT&T to review; and in the event SouthEast does not request an AT&T review, AT&T shall have the right to inspect the completed Adjacent Arrangement, AT&T will complete its inspection within fifteen (15) days after receipt of CLEC’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to AT&T’s guidelines and specifications. Within AT&T may require SouthEast to remove or correct within seven (7) calendar days after AT&T has completed its inspection of CLECat SouthEast’s Adjacent Arrangement, AT&T shall require CLEC, at CLEC’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, AT&T’s guidelines and specifications, as applicable. 3.4.4 CLEC 3.4.3 SouthEast shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the AT&T point of demarcation. At CLECSouthEast’s option option, and where the local authority having jurisdiction permits, AT&T 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. In Alabama and Louisiana, at CLEC’s request and expense, AT&T will provide Direct Current (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. AT&T 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. CLEC 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. CLECSouthEast’s AT&T Certified Supplier Contractor shall be responsible, at CLEC’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangementsuch arrangement. AT&T shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above.3.4 preceding. 3.5 Adjacent Off-Site Collocation