Common use of Shared Collocation Clause in Contracts

Shared Collocation. DukeNet may allow other telecommunications carriers to share DukeNet’s Remote Collocation Space pursuant to terms and conditions agreed to by DukeNet (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this Section, except where the BellSouth Remote Site Location is located within a leased space and BellSouth is prohibited by said lease from offering such an option or is located on property for which BellSouth holds an easement and such easement does not permit such an option. DukeNet shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by DukeNet that said agreement imposes upon the Guest(s) the same terms and conditions for Remote Collocation Space as set forth in this Attachment between BellSouth and DukeNet. 3.3.1 DukeNet, as the Host, shall be the sole interface and responsible Party to BellSouth for assessment of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide DukeNet with a proration of the costs of the Remote Collocation Space based on the number of collocators and the space used by each with a minimum charge of one (1) bay/rack per Host/Guest. In those instances where the Host permits a Guest to use a shelf within the Host’s bay, BellSouth will not prorate the cost of the bay. In all states other than Florida, and in addition to the foregoing, DukeNet shall be the responsible party to BellSouth for the purpose of submitting applications for bay/rack placement for the Guest. In Florida the Guest may directly submit bay/rack placement applications using the Host’s access carrier name abbreviation (ACNA). A separate Guest application shall require the assessment of an Application Fee, as set forth in Exhibit B, which will be charged to the Host. BellSouth shall bill this nonrecurring fee on the date that BellSouth provides it written response (“Application Response”). 3.3.2 Notwithstanding the foregoing, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and the Guest and for the provision of the services and access to unbundled network elements. The bill for these interconnecting facilities, services and access to UNEs will be charged to the Guest pursuant to the applicable tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.3 DukeNet shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of DukeNet’s Guest(s) in the Remote Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared Collocation. DukeNet Teleconex may allow other telecommunications carriers to share DukeNetTeleconex’s Remote Collocation Space pursuant to terms and conditions agreed to by DukeNet Teleconex (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this Section, except where the BellSouth Remote Site Location is located within a leased space and BellSouth is prohibited by said lease from offering such an option or is located on property for which BellSouth holds an easement and such easement does not permit such an option. DukeNet Teleconex shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by DukeNet Teleconex that said agreement imposes upon the Guest(s) the same terms and conditions for Remote Collocation Space as set forth in this Attachment between BellSouth and DukeNetTeleconex. 3.3.1 DukeNetTeleconex, as the Host, shall be the sole interface and responsible Party to BellSouth for assessment of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide DukeNet Teleconex with a proration of the costs of the Remote Collocation Space based on the number of collocators and the space used by each with a minimum charge of one (1) bay/rack per Host/Guest. In those instances where the Host permits a Guest to use a shelf within the Host’s bay, BellSouth will not prorate the cost of the bay. In all states other than Florida, and in addition to the foregoing, DukeNet Teleconex shall be the responsible party to BellSouth for the purpose of submitting applications for bay/rack placement for the Guest. In Florida the Guest may directly submit bay/rack placement applications using the Host’s access carrier name abbreviation (ACNA). A separate Guest application shall require the assessment of an Application Fee, as set forth in Exhibit B, which will be charged to the Host. BellSouth shall bill this nonrecurring fee on the date that BellSouth provides it written response (“Application Response”). 3.3.2 Notwithstanding the foregoing, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and the Guest and for the provision of the services and access to unbundled network elements. The bill for these interconnecting facilities, services and access to UNEs will be charged to the Guest pursuant to the applicable tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.3 DukeNet Teleconex shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of DukeNetTeleconex’s Guest(s) in the Remote Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared Collocation. DukeNet ALCALL may allow other telecommunications carriers to share DukeNetALCALL’s Remote Collocation Space pursuant to terms and conditions agreed to by DukeNet ALCALL (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this Section, except where the BellSouth Remote Site Location is located within a leased space and BellSouth is prohibited by said lease from offering such an option or is located on property for which BellSouth holds an easement and such easement does not permit such an option. DukeNet ALCALL shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by DukeNet ALCALL that said agreement imposes upon the Guest(s) the same terms and conditions for Remote Collocation Space as set forth in this Attachment between BellSouth and DukeNetALCALL. 3.3.1 DukeNetALCALL, as the Host, shall be the sole interface and responsible Party to BellSouth for assessment of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide DukeNet ALCALL with a proration of the costs of the Remote Collocation Space based on the number of collocators and the space used by each with a minimum charge of one (1) bay/rack per Host/Guest. In those instances where the Host permits a Guest to use a shelf within the Host’s bay, BellSouth will not prorate the cost of the bay. In all states other than Florida, and in addition to the foregoing, DukeNet ALCALL shall be the responsible party to BellSouth for the purpose of submitting applications for bay/rack placement for the Guest. In Florida the Guest may directly submit bay/rack placement applications using the Host’s access carrier name abbreviation (ACNA). A separate Guest application shall require the assessment of an Application Fee, as set forth in Exhibit B, which will be charged to the Host. BellSouth shall bill ▇▇▇▇ this nonrecurring fee on the date that BellSouth provides it written response (“Application Response”). 3.3.2 Notwithstanding the foregoing, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and the Guest and for the provision of the services and access to unbundled network elements. The bill ▇▇▇▇ for these interconnecting facilities, services and access to UNEs will be charged to the Guest pursuant to the applicable tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.3 DukeNet ALCALL shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of DukeNetALCALL’s Guest(s) in the Remote Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared Collocation. DukeNet GulfPines may allow other telecommunications carriers to share DukeNet’s GulfPines’ Remote Collocation Space pursuant to terms and conditions agreed to by DukeNet GulfPines (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this Section, except where the BellSouth Remote Site Location is located within a leased space and BellSouth is prohibited by said lease from offering such an option or is located on property for which BellSouth holds an easement and such easement does not permit such an option. DukeNet GulfPines shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the term of the agreement, and shall contain a certification by DukeNet GulfPines that said agreement imposes upon the Guest(s) the same terms and conditions for Remote Collocation Space as set forth in this Attachment between BellSouth and DukeNetGulfPines. 3.3.1 DukeNetGulfPines, as the Host, shall be the sole interface and responsible Party to BellSouth for assessment of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide DukeNet GulfPines with a proration of the costs of the Remote Collocation Space based on the number of collocators and the space used by each with a minimum charge of one (1) bay/rack per Host/Guest. In those instances where the Host permits a Guest to use a shelf within the Host’s bay, BellSouth will not prorate the cost of the bay. In all states other than Florida, and in addition to the foregoing, DukeNet GulfPines shall be the responsible party to BellSouth for the purpose of submitting applications for bay/rack placement for the Guest. In Florida the Guest may directly submit bay/rack placement applications using the Host’s access carrier name abbreviation (ACNA). A separate Guest application shall require the assessment of an Application Fee, as set forth in Exhibit B, which will be charged to the Host. BellSouth shall bill ▇▇▇▇ this nonrecurring fee on the date that BellSouth provides it written response (“Application Response”). 3.3.2 Notwithstanding the foregoing, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and the Guest and for the provision of the services and access to unbundled network elements. The bill ▇▇▇▇ for these interconnecting facilities, services and access to UNEs will be charged to the Guest pursuant to the applicable tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.3 DukeNet GulfPines shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of DukeNet’s GulfPines’ Guest(s) in the Remote Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.