Common use of Occupancy Permit Clause in Contracts

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 5 contracts

Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.and

Appears in 5 contracts

Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating or service to a an Requesting Carrier Attachment, Attachment or removal of an Attachment, in each case thereof for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 3 contracts

Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Occupancy Permit. Requesting Carrier Sprint occupancy of Structure shall be pursuant to a permit issued by Ameritech CBT for each requested Attachment. Any such permit shall terminate (a) if Requesting CarrierSprint's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier Sprint has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech CBT has notified Requesting Carrier Sprint that such Structure is available for Requesting CarrierSprint's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if Requesting Carrier Sprint ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier Sprint fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech CBT or (e) if Ameritech CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Sprint has Attachments. If Ameritech CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Sprint has Attachments, Ameritech CBT shall (i) provide Requesting Carrier Sprint notice within ten (10) Business Days after Ameritech CBT has knowledge of such fact and (ii) not require Requesting Carrier Sprint to remove its Attachments from such Structure prior to AmeritechCBT's removal of its own attachments. Ameritech CBT will provide Requesting Carrier Sprint with at least sixty (60) days' days written notice prior to (x) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an Sprint Attachment or removal of an Attachment, in each case thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to AmeritechCBT's Structure permitted by the terms of this Agreement, or (z) any modification to AmeritechCBT's Structure to which Requesting Carrier Sprint has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier Sprint surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier Sprint to so surrender such permit, Ameritech CBT shall remove Requesting CarrierSprint's Attachments at Requesting CarrierSprint's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Occupancy Permit. Requesting Carrier CLEC occupancy of Structure shall be pursuant to a permit issued by Ameritech SBC for each requested Attachment. Any such permit shall terminate terminate: (a) if Requesting CarrierCLEC's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier CLEC has not placed and put into service its Attachments within one hundred and eighty (180) days from the date Ameritech SBC has notified Requesting Carrier CLEC that such Structure is available for Requesting CarrierCLEC's Attachments, (c) if Requesting Carrier CLEC ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier CLEC fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or SBC or, (e) if Ameritech SBC ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier CLEC has Attachments. If Ameritech SBC ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier CLEC has Attachments, Ameritech shall SBC shall: (i) provide Requesting Carrier CLEC notice within ten (10) Business Days after Ameritech SBC has knowledge of such fact fact, and (ii) not require Requesting Carrier CLEC to remove its Attachments from such Structure prior to Ameritech's SBC’s removal of its own attachments. Ameritech SBC will provide Requesting Carrier CLEC with at least sixty (60) days' written notice prior to to: (xi) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an CLEC Attachment or removal of an Attachment, in each case thereof for a breach of the provisions of this Article XVI, (yii) any increase in the rates for Attachments to AmeritechSBC's Structure permitted by the terms of this Agreement, or (ziii) any modification to Ameritech's SBC’s Structure to which Requesting Carrier CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier CLEC surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred and eighty (180) days after the event requiring Requesting Carrier CLEC to so surrender such permit, Ameritech SBC shall remove Requesting CarrierCLEC's Attachments at Requesting CarrierCLEC's expense. To the extent If SBC discovers that Requesting Carrier places CLEC has placed an Attachment on Ameritech's SBC’s Structure without a valid permit, Requesting Carrier SBC shall notify Ameritech immediately CLEC in writing of the existence of such unauthorized Attachment and CLEC shall pay to Ameritech SBC within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for an authorized Attachment. Within the foregoing period, CLEC shall also apply for an Occupancy Permit for the unauthorized Attachment. In addition, CLEC shall go through the process of any Make Ready Work that may be required for the unauthorized Attachment. If CLEC fails to pay the unauthorized Attachment fee or apply for the required Occupancy Permit within the foregoing period, SBC shall have the right to remove such unauthorized AttachmentAttachment from SBC’s Structure at CLEC’s expense.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier Focal occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier66 Focal's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier Focal has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier Focal that such Structure is available for Requesting CarrierFocal's Attachments, (c) if Requesting Carrier Focal ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier Focal fails to comply with a material term or condition of this Article ARTICLE XVI and does not ----------- correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Focal has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Focal has Attachments, Ameritech shall (i) provide Requesting Carrier Focal notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier Focal to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier Focal with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an Focal Attachment or removal of an Attachment, in each case thereof for a breach of the provisions of this Article ARTICLE XVI, (y) any increase in the rates for Attachments to ----------- Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier Focal has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier Focal surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier Focal to so surrender such permit, Ameritech shall remove Requesting CarrierFocal's Attachments at Requesting CarrierFocal's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement (Focal Communications Corp)

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's ’s removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.,

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier CLEC occupancy of Structure shall be pursuant to a permit issued by Ameritech SBC-AMERITECH for each requested Attachment. Any such permit shall terminate terminate: (a) if Requesting CarrierCLEC's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier CLEC has not placed and put into service its Attachments within one hundred and eighty (180) days from the date Ameritech SBC-AMERITECH has notified Requesting Carrier CLEC that such Structure is available for Requesting CarrierCLEC's Attachments, (c) if Requesting Carrier CLEC ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier CLEC fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or SBC-AMERITECH or, (e) if Ameritech SBC-AMERITECH ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier CLEC has Attachments. If Ameritech SBC-AMERITECH ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier CLEC has Attachments, Ameritech shall SBC- AMERITECH shall: (i) provide Requesting Carrier CLEC notice within ten (10) Business Days after Ameritech SBC- AMERITECH has knowledge of such fact fact, and (ii) not require Requesting Carrier CLEC to remove its Attachments from such Structure prior to Ameritech's SBC-AMERITECH’s removal of its own attachments. Ameritech SBC- AMERITECH will provide Requesting Carrier CLEC with at least sixty (60) days' written notice prior to to: (xi) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an CLEC Attachment or removal of an Attachment, in each case thereof for a breach of the provisions of this Article XVI, (yii) any increase in the rates for Attachments to AmeritechSBC- AMERITECH's Structure permitted by the terms of this Agreement, or (ziii) any modification to Ameritech's SBC-AMERITECH’s Structure to which Requesting Carrier CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier CLEC surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred and eighty (180) days after the event requiring Requesting Carrier CLEC to so surrender such permit, Ameritech SBC-AMERITECH shall remove Requesting CarrierCLEC's Attachments at Requesting CarrierCLEC's expense. To the extent If SBC-AMERITECH discovers that Requesting Carrier places CLEC has placed an Attachment on Ameritech's SBC-AMERITECH’s Structure without a valid permit, Requesting Carrier SBC-AMERITECH shall notify Ameritech immediately CLEC in writing of the existence of such unauthorized Attachment and CLEC shall pay to Ameritech SBC-AMERITECH within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for an authorized Attachment. Within the foregoing period, CLEC shall also apply for an Occupancy Permit for the unauthorized Attachment. In addition, CLEC shall go through the process of any Make Ready Work that may be required for the unauthorized Attachment. If CLEC fails to pay the unauthorized Attachment fee or apply for the required Occupancy Permit within the foregoing period, SBC-AMERITECH shall have the right to remove such unauthorized AttachmentAttachment from SBC-AMERITECH’s Structure at CLEC’s expense.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after ----------- receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for ----------- Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent If Ameritech discovers that Requesting Carrier places has placed an Attachment on Ameritech's Structure without a valid permit, Ameritech shall notify Requesting Carrier shall notify Ameritech immediately of the existence of such unauthorized Attachment and Requesting Carrier shall pay to Ameritech within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment. If Requesting Carrier fails to pay the unauthorized Attachment fee within the foregoing period, Ameritech shall have the right to remove such unauthorized Attachment from Ameritech's Structure at Requesting Carrier's expense.

Appears in 1 contract

Sources: Interconnection Agreement (Madison River Capital LLC)

Occupancy Permit. Requesting Carrier Focal occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting CarrierFocal's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier Focal has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier Focal that such Structure is available for Requesting CarrierFocal's Attachments, (c) if Requesting Carrier Focal ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier Focal fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Focal has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Focal has Attachments, Ameritech shall (i) provide Requesting Carrier Focal notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier Focal to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier Focal with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, Focal Attachment or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier Focal has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier Focal surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier Focal to so surrender such permit, Ameritech shall remove Requesting Carrier▇▇▇▇▇'s Attachments at Requesting CarrierFocal's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's ’s removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's ’s Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's ’s Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's ’s Attachments at Requesting Carrier's ’s expense. To the extent If Ameritech discovers that Requesting Carrier places has placed an Attachment on Ameritech's ’s Structure without a valid permit, Ameritech shall notify Requesting Carrier shall notify Ameritech immediately of the existence of such unauthorized Attachment and Requesting Carrier shall pay to Ameritech within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment. If Requesting Carrier fails to pay the unauthorized Attachment fee within the foregoing period, Ameritech shall have the right to remove such unauthorized Attachment from Ameritech’s Structure at Requesting Carrier’s expense.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier Frontier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting CarrierFrontier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier Frontier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier Frontier that such Structure is available for Requesting CarrierFrontier's Attachments, (c) if Requesting Carrier Frontier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier Frontier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Frontier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier Frontier has Attachments, Ameritech shall (i) provide Requesting Carrier Frontier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier Frontier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier Frontier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Frontier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier Frontier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier Frontier surrenders its permit for any reason (including forfeiture under the terms of this 861229.2 102208 1516C 96252093 Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier Frontier to so surrender such permit, Ameritech shall remove Requesting CarrierFrontier's Attachments at Requesting CarrierFrontier's expense. To the extent that Requesting Carrier Frontier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier Frontier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier CLEC occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting CarrierCLEC's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier CLEC has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier CLEC that such Structure is available for Requesting CarrierCLEC's Attachments, (c) if Requesting Carrier CLEC ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier CLEC fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier CLEC has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier CLEC has Attachments, Ameritech shall (i) provide Requesting Carrier CLEC notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier CLEC to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier CLEC with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an CLEC Attachment or removal of an Attachment, in each case thereof for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier CLEC surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier CLEC to so surrender such permit, Ameritech shall remove Requesting CarrierCLEC's Attachments at Requesting CarrierCLEC's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier SBCT occupancy of Structure shall be pursuant to a permit issued by Ameritech CBT for each requested Attachment. Any such permit shall terminate (a) if Requesting CarrierSBCT's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier SBCT has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech CBT has notified Requesting Carrier SBCT that such Structure is available for Requesting CarrierSBCT's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if Requesting Carrier SBCT ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier SBCT fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech CBT or (e) if Ameritech CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier SBCT has Attachments. If Ameritech CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier SBCT has Attachments, Ameritech CBT shall (i) provide Requesting Carrier SBCT notice within ten (10) Business Days after Ameritech CBT has knowledge of such fact and (ii) not require Requesting Carrier SBCT to remove its Attachments from such Structure prior to AmeritechCBT's removal of its own attachments. Ameritech CBT will provide Requesting Carrier SBCT with at least sixty (60) days' days written notice prior to (x) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an SBCT Attachment or removal of an Attachment, in each case thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to AmeritechCBT's Structure permitted by the terms of this Agreement, or (z) any modification to AmeritechCBT's Structure to which Requesting Carrier SBCT has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier SBCT surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier SBCT to so surrender such permit, Ameritech CBT shall remove Requesting CarrierSBCT's Attachments at Requesting CarrierSBCT's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.and

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's ’s removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.to

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's ’s removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's ’s Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's ’s Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's ’s Attachments at Requesting Carrier's ’s expense. To the extent If Ameritech discovers that Requesting Carrier places has placed an Attachment on Ameritech's ’s Structure without a valid permit, Ameritech shall notify Requesting Carrier shall notify Ameritech immediately of the existence of such unauthorized Attachment and Requesting Carrier shall pay to Ameritech within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment. If Requesting Carrier fails to pay the unauthorized Attachment fee within the foregoing period, Ameritech shall have the right to remove such unauthorized Attachment from Ameritech’s Structure at Requesting Carrier’s expense.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier TELIGENT occupancy of Structure shall be pursuant to a permit issued by Ameritech CBT for each requested Attachment. Any such permit shall terminate (a) if Requesting CarrierTELIGENT's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier TELIGENT has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech CBT has notified Requesting Carrier TELIGENT that such Structure is available for Requesting CarrierTELIGENT's Attachments, and such delay is not caused by a CBT Delaying Event, (c) if Requesting Carrier TELIGENT ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier TELIGENT fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech CBT or (e) if Ameritech CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier TELIGENT has Attachments. If Ameritech CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier TELIGENT has Attachments, Ameritech CBT shall (i) provide Requesting Carrier TELIGENT notice within ten (10) Business Days after Ameritech CBT has knowledge of such fact and (ii) not require Requesting Carrier TELIGENT to remove its Attachments from such Structure prior to AmeritechCBT's removal of its own attachments. Ameritech CBT will provide Requesting Carrier TELIGENT with at least sixty (60) days' days written notice prior to (x) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, TELIGENT Attachment or removal of an Attachment, in each case thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to AmeritechCBT's Structure permitted by the terms of this Agreement, or (z) any modification to AmeritechCBT's Structure to which Requesting Carrier TELIGENT has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier TELIGENT surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier TELIGENT to so surrender such permit, Ameritech CBT shall remove Requesting CarrierTELIGENT's Attachments at Requesting CarrierTELIGENT's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate terminate (a) if Requesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating or service to a an Requesting Carrier Attachment, Attachment or removal of an Attachment, in each case thereof for a breach of the provisions of this Article thisArticle XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's ’s removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's ’s Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's ’s Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's ’s Attachments at Requesting Carrier's ’s expense. To the extent If Ameritech discovers that Requesting Carrier places has placed an Attachment on Ameritech's ’s Structure without a valid permit, Ameritech shall notify Requesting Carrier shall notify Ameritech immediately of the existence of such unauthorized Attachment and Requesting Carrier shall pay to Ameritech within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment. Within the foregoing period, Requesting Carrier shall also apply for an Occupancy Permit for the unauthorized Attachment. In addition, Requesting Carrier shall go through the process of any Make Ready Work that may be required for the unauthorized Attachment. If Requesting Carrier fails to pay the unauthorized Attachment fee or apply for the required Occupancy Permit within the foregoing period, Ameritech shall have the right to remove such unauthorized Attachment from Ameritech’s Structure at Requesting Carrier’s expense.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier 21st Century occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier21st Century's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier 21st Century has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier 21st Century that such Structure is available for Requesting Carrier21st Century's Attachments, and such delay is not caused by an Ameritech Delaying Event, (c) if Requesting Carrier 21st Century ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier 21st Century fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier 21st Century has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier 21st Century has Attachments, Ameritech shall (i) provide Requesting Carrier 21st Century notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier 21st Century to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier 21st Century with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating or service to a Requesting Carrier Attachment, an 21st Century Attachment or removal of an Attachment, in each case thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier 21st Century has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier 21st Century surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier 21st Century to so surrender such permit, Ameritech shall remove Requesting Carrier21st Century's Attachments at Requesting Carrier21st Century's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.

Appears in 1 contract

Sources: Interconnection Agreement (21st Century Telecom Group Inc)

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's ’s removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a 12716496.1 103008 1100C 00650405 Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's ’s Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's ’s Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's ’s Attachments at Requesting Carrier's ’s expense. To the extent If Ameritech discovers that Requesting Carrier places has placed an Attachment on Ameritech's ’s Structure without a valid permit, Ameritech shall notify Requesting Carrier shall notify Ameritech immediately of the existence of such unauthorized Attachment and Requesting Carrier shall pay to Ameritech within ten (10) Business Days after the completion receipt of such Attachment notice an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment. Within the foregoing period, Requesting Carrier shall also apply for an Occupancy Permit for the unauthorized Attachment. In addition, Requesting Carrier shall go through the process of any Make Ready Work that may be required for the unauthorized Attachment. If Requesting Carrier fails to pay the unauthorized Attachment fee or apply for the required Occupancy Permit within the foregoing period, Ameritech shall have the right to remove such unauthorized Attachment from Ameritech’s Structure at Requesting Carrier’s expense.

Appears in 1 contract

Sources: Interconnection Agreement

Occupancy Permit. Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by Ameritech for each requested Attachment. Any such permit shall terminate terminate (a) if Requesting Carrier's ’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date Ameritech has notified Requesting Carrier that such Structure is available for Requesting Carrier's ’s Attachments, (c) if Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if Requesting Carrier fails to comply with a material term or condition of this Article XVI and does not correct such noncompliance within sixty (60) days after receipt of notice thereof from Ameritech or (e) if Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments. If Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which Requesting Carrier has Attachments, Ameritech shall (i) provide Requesting Carrier notice within ten (10) Business Days after Ameritech has knowledge of such fact and (ii) not require Requesting Carrier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Requesting Carrier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a Requesting Carrier Attachment, or removal of an Attachment, in each case for a breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If Requesting Carrier surrenders its permit for any reason (including forfeiture under the terms of this Agreement), but fails to remove its Attachments from the Structure within one hundred eighty (180) days after the event requiring Requesting Carrier to so surrender such permit, Ameritech shall remove Requesting Carrier's Attachments at Requesting Carrier's expense. To the extent that Requesting Carrier places an Attachment on Ameritech's Structure without a valid permit, Requesting Carrier shall notify Ameritech immediately of the existence of such Attachment and pay to Ameritech within ten (10) Business Days after the completion of such Attachment an unauthorized Attachment fee equal to five (5) times the annual attachment fee for such unauthorized Attachment.and

Appears in 1 contract

Sources: Interconnection Agreement