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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector violate the provisions of this paragraph, BellSouth shall give written notice to Interconnector, which notice shall direct Interconnector to cure the violation within twenty-four (24) hours 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. If Interconnector fails to take curative action within 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, 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 Interconnector’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector prior to taking such action and shall have no liability to Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 2 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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Satcom violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorSatcom, which notice shall direct Interconnector Satcom to cure the violation within twenty-four (24) hours 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. If Interconnector Satcom fails to take curative action within 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, 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 InterconnectorSatcom’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Satcom prior to taking such action and shall have no liability to Interconnector Satcom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Computer Business Sciences violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorComputer Business Sciences, which notice shall direct Interconnector Computer Business Sciences to cure the violation within twenty-four (24) hours 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. If Interconnector Computer Business Sciences fails to take curative action within 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, 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 Interconnector’s Computer Business Sciences’ equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Computer Business Sciences prior to taking such action and shall have no liability to Interconnector Computer Business Sciences for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate Adelphia violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorAdelphia, which notice shall direct Interconnector Adelphia to cure the violation within twentyforty-four eight (2448) hours of ▇▇▇▇▇▇▇▇’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 Interconnector ▇▇▇▇▇▇▇▇ fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 Interconnector▇▇▇▇▇▇▇▇’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Adelphia prior to taking such action and shall have no liability to Interconnector Adelphia for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconductmisconduct or gross negligence.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector TRICOMM violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorTRICOMM, which notice shall direct Interconnector TRICOMM to cure the violation within twenty-four (24) hours 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. If Interconnector TRICOMM fails to take curative action within 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▇▇▇▇▇▇▇▇▇, 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 InterconnectorTRICOMM’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector TRICOMM prior to taking such action and shall have no liability to Interconnector TRICOMM for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Terms & Conditions
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Level 3 violate the provisions of this paragraph, BellSouth shall give written notice to Interconnector▇▇▇▇▇ ▇, which notice shall direct Interconnector ▇▇▇▇▇ ▇ to cure the violation within twenty-four (24) hours 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. If Interconnector Level 3 fails to take curative action within 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, 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 InterconnectorLevel 3’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector ▇▇▇▇▇ ▇ prior to taking such action and shall have no liability to Interconnector Level 3 for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Collocation Agreement
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Utilicore violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorUtilicore, which notice shall direct Interconnector Utilicore to cure the violation within twenty-four (24) hours 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. If Interconnector Utilicore fails to take curative action within 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, 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 InterconnectorUtilicore’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Utilicore prior to taking such action and shall have no liability to Interconnector Utilicore for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate Network Telephone violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorNetwork Telephone, which notice shall direct Interconnector Network Telephone to cure the violation within twentyforty-four eight (2448) hours of 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 agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector Network Telephone fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorNetwork Telephone’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Network Telephone prior to taking such action and shall have no liability to Interconnector Network Telephone for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector Access One violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorAccess One, which notice shall direct Interconnector Access One to cure the violation within twentyforty-four eight (2448) hours of Access One’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 Interconnector Access One fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorAccess One’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Access One prior to taking such action and shall have no liability to Interconnector Access One for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector AXSYS violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorAXSYS, which notice shall direct Interconnector AXSYS to cure the violation within twentyforty-four eight (2448) hours of 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 Interconnector AXSYS fails to take curative action within 24 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 BellSouthBellSouth or any other Interconnector, 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 InterconnectorAXSYS’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector AXSYS prior to taking such action and shall have no liability to Interconnector AXSYS for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate COMPASS violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorCOMPASS, which notice shall direct Interconnector COMPASS to cure the violation within twentyforty-four eight (2448) hours of 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 Interconnector COMPASS fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorCOMPASS’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector COMPASS prior to taking such action and shall have no liability to Interconnector COMPASS for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorRuddata, 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 Interconnector Ruddata violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorRuddata, which notice shall direct Interconnector Ruddata to cure the violation within twentyforty-four eight (2448) hours of 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 Interconnector Ruddata fails to take curative action within 24 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 BellSouthBellSouth or any other Ruddata, 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 InterconnectorRuddata’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Ruddata prior to taking such action and shall have no liability to Interconnector Ruddata for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Dakota violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorDakota, which notice shall direct Interconnector Dakota to cure the violation within twenty-four (24) hours 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. If Interconnector ▇▇▇▇▇▇ fails to take curative action within 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, 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 InterconnectorDakota’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Dakota prior to taking such action and shall have no liability to Interconnector Dakota for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector located in the Central OfficePremises; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Collocation Space, or the Central OfficePremises; shall not compromise the privacy of any communications carried in, from, or through the Central OfficePremises; 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 Interconnector violate CLEC-1 violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorCLEC-1, which notice shall direct Interconnector CLEC-1 to cure the violation within twentyforty-four eight (2448) hours of CLEC-1’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 Interconnector CLEC-1 fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorCLEC-1’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector CLEC-1 prior to taking such action and shall have no liability to Interconnector CLEC-1 for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Satcom violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorSatcom, which notice shall direct Interconnector Satcom to cure the violation within twenty-four (24) hours 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. If Interconnector Satcom fails to take curative action within 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▇▇▇▇▇▇▇▇▇, 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 InterconnectorSatcom’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Satcom prior to taking such action and shall have no liability to Interconnector Satcom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector Network Telephone violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorNetwork Telephone, which notice shall direct Interconnector Network Telephone to cure the violation within twenty-four (24) hours 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. If Interconnector Network Telephone fails to take curative action within 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, 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 InterconnectorNetwork Telephone’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Network Telephone prior to taking such action and shall have no liability to Interconnector Network Telephone for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector violate the provisions of this paragraph, BellSouth shall give written notice to Interconnector, which notice shall direct Interconnector to cure the violation within twenty-four (24) hours 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. If Interconnector fails to take curative action within 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, 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 Interconnector’s 's equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector prior to taking such action and shall have no liability to Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes gross negligence or willful misconduct.
Appears in 1 contract
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate OptiLink violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorOptiLink, which notice shall direct Interconnector OptiLink to cure the violation within twenty-four forty- eight (2448) hours of 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 Interconnector OptiLink fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorOptiLink’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector OptiLink prior to taking such action and shall have no liability to Interconnector OptiLink for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector BSIA located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, 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 Interconnector BSIA violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorBSIA, which notice shall direct Interconnector BSIA to cure the violation within twentyforty-four eight (2448) hours of 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 Interconnector BSIA fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorBSIA’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector BSIA prior to taking such action and shall have no liability to Interconnector BSIA for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Collocation Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate Pathnet violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorPathnet, which notice shall direct Interconnector Pathnet to cure the violation within twentyforty-four eight (2448) hours of Pathnet'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 Interconnector Pathnet fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 Interconnector’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector prior to taking such action and shall have no liability to Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.the
Appears in 1 contract
Sources: Collocation Agreement (Pathnet Telecommunications Inc)
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector NATC violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorNATC, which notice shall direct Interconnector NATC to cure the violation within twenty-four (24) hours 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. If Interconnector NATC fails to take curative action within 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, 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 InterconnectorNATC’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector NATC prior to taking such action and shall have no liability to Interconnector NATC for any damages arising from such action, except to the extent that such action by BellSouth constitutes gross negligence or willful misconduct.
Appears in 1 contract
Sources: Interconnection Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate Maxcess violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorMaxcess, which notice shall state the violation and the source(s), if known, direct Interconnector Maxcess to cure the violation within twentyforty-four eight (2448) hours of Maxcess’ 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 Interconnector Maxcess fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 Interconnector’s Maxcess’ equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Maxcess prior to taking such action and shall have no liability to Interconnector Maxcess for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract
Sources: Collocation Agreement
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 interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, 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 Interconnector violate CTSI violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorCTSI, which notice shall direct Interconnector CTSI to cure the violation within twentyforty-four eight (2448) hours of 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 Interconnector CTSI fails to take curative action within 24 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 BellSouthBellSouth or any other interconnector, 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 InterconnectorCTSI’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector CTSI prior to taking such action and shall have no liability to Interconnector CTSI for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.
Appears in 1 contract