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 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 Dakota violate the provisions of this paragraph, BellSouth shall give written notice to Dakota, which notice shall direct 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 Dakota 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 Dakota’s equipment. BellSouth will endeavor, but is not required, to provide notice to Dakota prior to taking such action and shall have no liability to Dakota 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 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 Dakota violate the provisions of this paragraph, BellSouth shall give written notice to Dakota, which notice shall direct 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 Dakota Xxxxxx 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 Dakota’s equipment. BellSouth will endeavor, but is not required, to provide notice to Dakota prior to taking such action and shall have no liability to Dakota 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 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 Dakota Level 3 violate the provisions of this paragraph, BellSouth shall give written notice to DakotaXxxxx 0, which notice shall direct Dakota Xxxxx 0 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 Dakota 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 DakotaLevel 3’s equipment. BellSouth will endeavor, but is not required, to provide notice to Dakota Xxxxx 0 prior to taking such action and shall have no liability to Dakota Level 3 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 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 Dakota Utilicore violate the provisions of this paragraph, BellSouth shall give written notice to DakotaUtilicore, which notice shall direct Dakota 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 Dakota 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 DakotaUtilicore’s equipment. BellSouth will endeavor, but is not required, to provide notice to Dakota Utilicore prior to taking such action and shall have no liability to Dakota Utilicore 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 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 Dakota Satcom violate the provisions of this paragraph, BellSouth shall give written notice to DakotaSatcom, which notice shall direct Dakota 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 Dakota 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 DakotaSatcom’s equipment. BellSouth will endeavor, but is not required, to provide notice to Dakota Satcom prior to taking such action and shall have no liability to Dakota Satcom 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 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 Dakota NATC violate the provisions of this paragraph, BellSouth shall give written notice to DakotaNATC, which notice shall direct Dakota 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 Dakota 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 DakotaNATC’s equipment. BellSouth will endeavor, but is not required, to provide notice to Dakota NATC prior to taking such action and shall have no liability to Dakota NATC for any damages arising from such action, except to the extent that such action by BellSouth constitutes gross negligence or willful misconduct.