Common use of Occupancy Permit Clause in Contracts

Occupancy Permit. CLEC occupancy of Structure shall be pursuant to a permit issued by CBT for each requested Attachment. Any such permit shall terminate (a) if CLEC's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT has notified CLEC that such Structure is available for CLEC's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if 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 CBT or (e) if CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC has Attachments. If CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC has Attachments, CBT shall (i) provide CLEC notice within ten (10) Business Days after CBT has knowledge of such fact and (ii) not require CLEC to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 CLEC to so surrender such permit, CBT shall remove CLEC's Attachments at CLEC's expense.

Occupancy Permit. CLEC Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLEC's Requesting Carrier’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC Requesting Carrier that such Structure is available for CLEC's Requesting Carrier’s Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments, CBT Ameritech shall (i) provide CLEC Requesting Carrier notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 CLEC to so surrender such permit, CBT shall remove CLEC's Attachments at CLEC's expense.and

Occupancy Permit. CLEC Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLECRequesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC Requesting Carrier that such Structure is available for CLECRequesting Carrier's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments, CBT Ameritech shall (i) provide CLEC Requesting Carrier notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC Requesting Carrier to remove its Attachments from such Structure prior to CBTAmeritech's removal of its own attachments. CBT Ameritech will provide CLEC Requesting Carrier with at least sixty (60) days days' written notice prior to (x) terminating a permit or for an Attachment, terminating service to an CLEC Attachment a Requesting Carrier Attachment, or removal thereof of an Attachment, in each case for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBTAmeritech's Structure permitted by the terms of this Agreement, or (z) any modification to CBTAmeritech's Structure to which CLEC Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC Requesting Carrier to so surrender such permit, CBT Ameritech shall remove CLECRequesting Carrier's Attachments at CLECRequesting 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.

Occupancy Permit. CLEC Sprint occupancy of Structure shall be pursuant to a permit issued by CBT for each requested Attachment. Any such permit shall terminate (a) if CLECSprint's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Sprint has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT has notified CLEC Sprint that such Structure is available for CLECSprint's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Sprint ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT or (e) if CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Sprint has Attachments. If CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Sprint has Attachments, CBT shall (i) provide CLEC Sprint notice within ten (10) Business Days after CBT has knowledge of such fact and (ii) not require CLEC Sprint to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC Sprint with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC Sprint Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC Sprint has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC Sprint to so surrender such permit, CBT shall remove CLECSprint's Attachments at CLECSprint's expense.

Occupancy Permit. CLEC Focal occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLEC66 Focal's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Focal has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC Focal that such Structure is available for CLECFocal's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Focal ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Focal has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Focal has Attachments, CBT Ameritech shall (i) provide CLEC Focal notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC Focal to remove its Attachments from such Structure prior to CBTAmeritech's removal of its own attachments. CBT Ameritech will provide CLEC Focal with at least sixty (60) days days' written notice prior to (x) terminating a permit or service to an CLEC Focal Attachment or removal thereof for a material breach of the provisions of this Article ARTICLE XVI, (y) any increase in the rates for Attachments to CBT----------- Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to CBTAmeritech's Structure to which CLEC Focal has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC Focal to so surrender such permit, CBT Ameritech shall remove CLECFocal's Attachments at CLECFocal's expense.

Occupancy Permit. CLEC Frontier occupancy of Structure shall be pursuant to a permit issued by CBT for each requested Attachment. Any such permit shall terminate (a) if CLECFrontier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Frontier has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT has notified CLEC Frontier that such Structure is available for CLECFrontier's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Frontier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT or (e) if CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Frontier has Attachments. If CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Frontier has Attachments, CBT shall (i) provide CLEC Frontier notice within ten (10) Business Days after CBT has knowledge of such fact and (ii) not require CLEC Frontier to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC Frontier with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC Frontier Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC Frontier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC Frontier 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 CLEC Frontier to so surrender such permit, CBT shall remove CLECFrontier's Attachments at CLECFrontier's expense.

Occupancy Permit. CLEC SBCT occupancy of Structure shall be pursuant to a permit issued by CBT for each requested Attachment. Any such permit shall terminate (a) if CLECSBCT's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC SBCT has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT has notified CLEC SBCT that such Structure is available for CLECSBCT's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC SBCT ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT or (e) if CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC SBCT has Attachments. If CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC SBCT has Attachments, CBT shall (i) provide CLEC SBCT notice within ten (10) Business Days after CBT has knowledge of such fact and (ii) not require CLEC SBCT to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC SBCT with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC SBCT Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC SBCT has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC SBCT to so surrender such permit, CBT shall remove CLECSBCT's Attachments at CLECSBCT's expense.

Occupancy Permit. CLEC 21st Century occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLEC21st Century's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC 21st Century has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC 21st Century that such Structure is available for CLEC21st Century's Attachments, and such delay is not caused by an CBT Ameritech Delaying Event, (c) if CLEC 21st Century ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC 21st Century has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC 21st Century has Attachments, CBT Ameritech shall (i) provide CLEC 21st Century notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC 21st Century to remove its Attachments from such Structure prior to CBTAmeritech's removal of its own attachments. CBT Ameritech will provide CLEC 21st Century with at least sixty (60) days days' written notice prior to (x) terminating a permit or service to an CLEC 21st Century Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBTAmeritech's Structure permitted by the terms of this Agreement, or (z) any modification to CBTAmeritech's Structure to which CLEC 21st Century has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC 21st Century to so surrender such permit, CBT Ameritech shall remove CLEC21st Century's Attachments at CLEC21st Century's expense.

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

Occupancy Permit. CLEC occupancy of Structure shall be pursuant to a permit issued by CBT SBC for each requested Attachment. Any such permit shall terminate terminate: (a) if CLEC's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC has not placed and put into service its Attachments within one hundred and eighty (180) days from the date CBT SBC has notified CLEC that such Structure is available for CLEC's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if 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 CBT or SBC or, (e) if CBT SBC ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC has Attachments. If CBT SBC ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC has Attachments, CBT shall SBC shall: (i) provide CLEC notice within ten (10) Business Days after CBT SBC has knowledge of such fact fact, and (ii) not require CLEC to remove its Attachments from such Structure prior to CBT's SBC’s removal of its own attachments. CBT SBC will provide CLEC with at least sixty (60) days days’ written notice prior to to: (xi) terminating a permit or service to an CLEC Attachment or removal thereof for a material breach of the provisions of this Article XVI, (yii) any increase in the rates for Attachments to CBTSBC's Structure permitted by the terms of this Agreement, or (ziii) any modification to CBT's SBC’s Structure to which CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 CLEC to so surrender such permit, CBT SBC shall remove CLEC's Attachments at CLEC's expense. If SBC discovers that CLEC has placed an Attachment on SBC’s Structure without a valid permit, SBC shall notify CLEC in writing of the existence of such unauthorized Attachment and CLEC shall pay to SBC within ten (10) Business Days after receipt of such 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 Attachment from SBC’s Structure at CLEC’s expense.

Occupancy Permit. CLEC Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLECRequesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC Requesting Carrier that such Structure is available for CLECRequesting Carrier's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments, CBT Ameritech shall (i) provide CLEC Requesting Carrier notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC Requesting Carrier to remove its Attachments from such Structure prior to CBTAmeritech's removal of its own attachments. CBT Ameritech will provide CLEC Requesting Carrier with at least sixty (60) days days' written notice prior to (x) terminating a permit or service to an CLEC Requesting Carrier Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBTAmeritech's Structure permitted by the terms of this Agreement, or (z) any modification to CBTAmeritech's Structure to which CLEC Requesting Carrier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC Requesting Carrier to so surrender such permit, CBT Ameritech shall remove CLECRequesting Carrier's Attachments at CLECRequesting Carrier's expense.

Occupancy Permit. CLEC Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLEC's Requesting Carrier’s franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC Requesting Carrier that such Structure is available for CLEC's Requesting Carrier’s Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments, CBT Ameritech shall (i) provide CLEC Requesting Carrier notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC Requesting Carrier to remove its Attachments from such Structure prior to CBT's Ameritech’s removal of its own attachments. CBT Ameritech will provide CLEC Requesting Carrier with at least sixty (60) days days’ written notice prior to (x) terminating a permit or for an Attachment, terminating service to an CLEC Attachment a Requesting Carrier Attachment, or removal thereof of an Attachment, in each case for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 CLEC to so surrender such permit, CBT shall remove CLEC's Attachments at CLEC's expense.,

Occupancy Permit. CLEC TELIGENT occupancy of Structure shall be pursuant to a permit issued by CBT for each requested Attachment. Any such permit shall terminate (a) if CLECTELIGENT's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC TELIGENT has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT has notified CLEC TELIGENT that such Structure is available for CLECTELIGENT's Attachments, and such delay is not caused by an a CBT Delaying Event, (c) if CLEC TELIGENT ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT or (e) if CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC TELIGENT has Attachments. If CBT ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC TELIGENT has Attachments, CBT shall (i) provide CLEC TELIGENT notice within ten (10) Business Days after CBT has knowledge of such fact and (ii) not require CLEC TELIGENT to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC TELIGENT with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC a TELIGENT Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC TELIGENT has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If CLEC 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 CLEC TELIGENT to so surrender such permit, CBT shall remove CLECTELIGENT's Attachments at CLECTELIGENT's expense.

Occupancy Permit. CLEC Requesting Carrier occupancy of Structure shall be pursuant to a permit issued by CBT Ameritech for each requested Attachment. Any such permit shall terminate (a) if CLECRequesting Carrier's franchise, consent or other authorization from federal, state, county or municipal entities or private property owners is terminated, (b) if CLEC Requesting Carrier has not placed and put into service its Attachments within one hundred eighty (180) days from the date CBT Ameritech has notified CLEC Requesting Carrier that such Structure is available for CLECRequesting Carrier's Attachments, and such delay is not caused by an CBT Delaying Event, (c) if CLEC Requesting Carrier ceases to use such Attachment for any period of one hundred eighty (180) consecutive days, (d) if CLEC 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 CBT Ameritech or (e) if CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments. If CBT Ameritech ceases to have the right or authority to maintain its Structure, or any part thereof, to which CLEC Requesting Carrier has Attachments, CBT Ameritech shall (i) provide CLEC Requesting Carrier notice within ten (10) Business Days after CBT Ameritech has knowledge of such fact and (ii) not require CLEC to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide CLEC with at least sixty (60) days written notice prior to (x) terminating a permit or service to an CLEC Attachment or removal thereof for a material breach of the provisions of this Article XVI, (y) any increase in the rates for Attachments to CBT's Structure permitted by the terms of this Agreement, or (z) any modification to CBT's Structure to which CLEC has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 CLEC to so surrender such permit, CBT shall remove CLEC's Attachments at CLEC's expense.and