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

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 andand (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.

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 andand (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 or service to an Requesting Carrier Attachment or removal 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.

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 Carrier’s Sprint'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 Carrier’s Sprint'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 andand (ii) not require Sprint to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide Sprint with at least sixty (60) days written notice prior to (x) terminating a permit or service to an 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 Sprint has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 Sprint to so surrender such permit, CBT shall remove Sprint's Attachments at Sprint's expense.

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 andand (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. 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. 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.

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 Carrier’s CLEC'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 Carrier’s CLEC'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 andfact, and (ii) not require CLEC to remove its Attachments from such Structure prior to SBC-AMERITECH’s removal of its own attachments. SBC- AMERITECH will provide CLEC with at least sixty (60) days’ written notice prior to: (i) terminating a permit or service to an CLEC Attachment or removal thereof for a breach of the provisions of this Article XVI, (ii) any increase in the rates for Attachments to SBC- AMERITECH's Structure permitted by the terms of this Agreement, or (iii) any modification to SBC-AMERITECH’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, SBC-AMERITECH shall remove CLEC's Attachments at CLEC's expense. If SBC-AMERITECH discovers that CLEC has placed an Attachment on SBC-AMERITECH’s Structure without a valid permit, SBC-AMERITECH shall notify CLEC in writing of the existence of such unauthorized Attachment and CLEC shall pay to SBC-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 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 Attachment from SBC-AMERITECH’s Structure at CLEC’s expense.

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

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 andand (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 or service to an Requesting Carrier Attachment or removal thereof for a breach of the provisions of 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.

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 andand (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 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 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. 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. 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.

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 Carrier’s TELIGENT'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 Carrier’s TELIGENT'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 andand (ii) not require TELIGENT to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide TELIGENT with at least sixty (60) days written notice prior to (x) terminating a permit or service to 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 TELIGENT has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 TELIGENT to so surrender such permit, CBT shall remove TELIGENT's Attachments at TELIGENT's expense.

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 andand (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. 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. 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 Carrier’s SBCT'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 Carrier’s SBCT'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 andand (ii) not require SBCT to remove its Attachments from such Structure prior to CBT's removal of its own attachments. CBT will provide SBCT with at least sixty (60) days written notice prior to (x) terminating a permit or service to an 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 SBCT has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 SBCT to so surrender such permit, CBT shall remove SBCT's Attachments at SBCT's expense.

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 andand (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. 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. 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 andand (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. 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. 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 andand (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,

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 andand (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

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 Carrier’s CLEC'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 Carrier’s CLEC'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 andand (ii) not require CLEC to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech 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 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 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, Ameritech shall remove CLEC's Attachments at CLEC's expense.

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 Carrier’s CLEC'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 Carrier’s CLEC'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 andfact, and (ii) not require CLEC to remove its Attachments from such Structure prior to SBC’s removal of its own attachments. SBC will provide CLEC with at least sixty (60) days’ written notice prior to: (i) terminating a permit or service to an CLEC Attachment or removal thereof for a breach of the provisions of this Article XVI, (ii) any increase in the rates for Attachments to SBC's Structure permitted by the terms of this Agreement, or (iii) any modification to 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, 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. 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 Carrier’s 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 Carrier’s Focal'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 andand (ii) not require Focal to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Focal with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a 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 Focal has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 Focal to so surrender such permit, Ameritech shall remove ▇▇▇▇▇'s Attachments at Focal's expense.

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 Carrier’s 21st 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 Carrier’s 21st 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 andand (ii) not require 21st Century to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide 21st Century with at least sixty (60) days' written notice prior to (x) terminating a permit or service to an 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 Ameritech's Structure permitted by the terms of this Agreement, or (z) any modification to Ameritech's Structure to which 21st Century has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 21st Century to so surrender such permit, Ameritech shall remove 21st Century's Attachments at 21st Century's expense.

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 Carrier’s 66 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 Carrier’s Focal'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 andand (ii) not require Focal to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Focal with at least sixty (60) days' written notice prior to (x) terminating a permit or service to an Focal Attachment or removal 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 Focal has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 Focal to so surrender such permit, Ameritech shall remove Focal's Attachments at Focal's expense.

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 Carrier’s Frontier'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 Carrier’s Frontier'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 andand (ii) not require Frontier to remove its Attachments from such Structure prior to Ameritech's removal of its own attachments. Ameritech will provide Frontier with at least sixty (60) days' written notice prior to (x) terminating a permit for an Attachment, terminating service to a 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 Frontier has an Attachment, other than a modification associated with routine maintenance or as a result of an emergency. If 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 Frontier to so surrender such permit, Ameritech shall remove Frontier's Attachments at Frontier's expense. To the extent that Frontier places an Attachment on Ameritech's Structure without a valid permit, 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.

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