Common use of Interference or Impairment Clause in Contracts

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCom, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaCom, which notice shall direct ITC/\DeltaCom to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCom, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom prior to taking such action and shall have no liability to ITC/\DeltaCom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom violates Interconnector violate the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComInterconnector, which notice shall direct ITC/\DeltaCom Interconnector to cure the violation within fortytwenty-eight four (4824) hours of ITC/\DeltaCom's actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Interconnector fails to take curative action within 48 24 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaComBellSouth, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's Interconnector’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom Interconnector prior to taking such action and shall have no liability to ITC/\DeltaCom Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaComInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom violates AXSYS violate the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComAXSYS, which notice shall direct ITC/\DeltaCom AXSYS to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's AXSYS’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom AXSYS fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaComInterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's AXSYS’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom AXSYS prior to taking such action and shall have no liability to ITC/\DeltaCom AXSYS for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom BTC violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComBTC, which notice shall direct ITC/\DeltaCom BTC to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's BTC’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties Parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if BTC fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's BTC’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom BTC prior to taking such action and shall have no liability to ITC/\DeltaCom BTC for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and BTC fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to BTC or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, BTC shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly- deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom BSIA located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom violates BSIA violate the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComBSIA, which notice shall direct ITC/\DeltaCom BSIA to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's BSIA’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom BSIA fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's BSIA’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom BSIA prior to taking such action and shall have no liability to ITC/\DeltaCom BSIA for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or Exhibit 2: Attachment 4-Remote Site Page 14 through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom MTS Communications violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComMTS Communications, which notice shall direct ITC/\DeltaCom MTS Communications to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's MTS Communications’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties Parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if MTS Communications fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's MTS Communications’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom MTS Communications prior to taking such action and shall have no liability to ITC/\DeltaCom MTS Communications for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and MTS Communications fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to MTS Communications or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, MTS Communications shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology. Exhibit 2: Attachment 4-Remote Site 5.9 Presence of Facilities. Facilities and equipment placed by MTS Communications in the Remote Collocation Space shall not become a part of the Remote Site Location, even if nailed, screwed or otherwise fastened to the Remote Collocation Space but shall retain its status as personality and may be removed by MTS Communications at any time. Any damage caused to the Remote Collocation Space by MTS Communications’s employees, agents or representatives shall be promptly repaired by MTS Communications at its expense.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom Network Telephone violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComNetwork Telephone, which notice shall direct ITC/\DeltaCom Network Telephone to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's Network Telephone’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties Parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if Network Telephone fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's Network Telephone’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom Network Telephone prior to taking such action and shall have no liability to ITC/\DeltaCom Network Telephone for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and Network Telephone fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to Network Telephone or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, Network Telephone shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaComInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom CTSI violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComCTSI, which notice shall direct ITC/\DeltaCom CTSI to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's CTSI’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom CTSI fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's CTSI’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom CTSI prior to taking such action and shall have no liability to ITC/\DeltaCom CTSI for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom KMC Telecom violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComKMC Telecom, which notice shall direct ITC/\DeltaCom KMC Telecom to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's KMC Telecom’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties Parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if KMC Telecom fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's KMC Telecom’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom KMC Telecom prior to taking such action and shall have no liability to ITC/\DeltaCom KMC Telecom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and KMC Telecom fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to KMC Telecom or, if subsequently necessary, the relevantCommission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, KMC Telecom shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly- deployed technology.

Interference or Impairment. Notwithstanding any other provisions of -------------------------- this AgreementAmendment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom violates Interconnector violate the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComInterconnector, which notice shall direct ITC/\DeltaCom Interconnector to cure the violation within fortytwenty-eight four (4824) hours of ITC/\DeltaCom's actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Interconnector fails to take curative action within 48 24 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaComBellSouth, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaComInterconnector's equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom Interconnector prior to taking such action and shall have no liability to ITC/\DeltaCom Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes gross negligence or willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaComInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom COMPASS violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComCOMPASS, which notice shall direct ITC/\DeltaCom COMPASS to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's COMPASS’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom COMPASS fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's COMPASS’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom COMPASS prior to taking such action and shall have no liability to ITC/\DeltaCom COMPASS for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaCominterconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom WinStar violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComWinStar, which notice shall direct ITC/\DeltaCom WinStar to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's WinStar’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties Parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if WinStar fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's WinStar’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom WinStar prior to taking such action and shall have no liability to ITC/\DeltaCom WinStar for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and WinStar fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to WinStar or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, WinStar shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly- deployed technology.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaComInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom Adelphia violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComAdelphia, which notice shall direct ITC/\DeltaCom Adelphia to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's Xxxxxxxx’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Xxxxxxxx fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's Xxxxxxxx’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom Adelphia prior to taking such action and shall have no liability to ITC/\DeltaCom Adelphia for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconductmisconduct or gross negligence.

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaComRuddata, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom violates Ruddata violate the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComRuddata, which notice shall direct ITC/\DeltaCom Ruddata to cure the violation within forty-eight (48) hours of ITC/\DeltaCom's Ruddata’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom Ruddata fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaComRuddata, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's Ruddata’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom Ruddata prior to taking such action and shall have no liability to ITC/\DeltaCom Ruddata for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other ITC/\DeltaCom Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other ITC/\DeltaComInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of ITC/\DeltaCom OptiLink violates the provisions of this paragraph, BellSouth shall give written notice to ITC/\DeltaComOptiLink, which notice shall direct ITC/\DeltaCom OptiLink to cure the violation within forty-forty- eight (48) hours of ITC/\DeltaCom's OptiLink’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If ITC/\DeltaCom OptiLink fails to take curative action within 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth or any other ITC/\DeltaCominterconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to ITC/\DeltaCom's OptiLink’s equipment. BellSouth will endeavor, but is not required, to provide notice to ITC/\DeltaCom OptiLink prior to taking such action and shall have no liability to ITC/\DeltaCom OptiLink for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.