Common use of Shared (Subleased) Caged Collocation Clause in Contracts

Shared (Subleased) Caged Collocation. CLEC-1 may allow other telecommunications carriers to share CLEC-1’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 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 CLEC-1 that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement between BellSouth and CLEC-1. 3.2.1 CLEC-1, as the Host shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT and for the purposes of ensuring that the safety and security requirements of this Agreement are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In Kentucky, and in addition to the foregoing, CLEC-1 shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGAT, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 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 CLEC-1’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 WebShoppe may allow other telecommunications carriers to share CLEC-1WebShoppe’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 WebShoppe (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 WebShoppe shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 WebShoppe that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement Attachment between BellSouth and CLEC-1WebShoppe. 3.2.1 CLEC-1WebShoppe, as the Host shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment A to the SGAT and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 WebShoppe with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 WebShoppe shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 WebShoppe 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 CLEC-1WebShoppe’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 DSLi may allow other telecommunications carriers to share CLEC-1DSLi’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 DSLi (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 DSLi 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 CLEC-1 DSLi that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement Attachment between BellSouth and CLEC-1DSLi. 3.2.1 CLEC-13.3.1 DSLi, as the Host shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment A to the SGAT and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 DSLi with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 DSLi shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In Florida the event Guest may directly submit initial and additional equipment placement applications using the Host and Guest jointly submit an initial Application, only one Application Fee will be assessedHost’s access carrier name abbreviation (ACNA). A separate initial Guest application shall require the assessment of a an Initial or Subsequent Application Fee, as set forth in Attachment A Exhibit C, which will be rendered to the SGAT, if this Application is not Host. 3.3.2 Notwithstanding whether the initial Application made collocation needs for the arrangement. Notwithstanding Guest are ordered by the foregoingHost or directly by the Guest using the Host's ACNA, the Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements.. The ▇▇▇▇ for these interconnecting facilities, services and access to UNEs will be rendered to the Guest. Version 3Q01: 10/22/01 3.2.2 CLEC-1 3.3.3 DSLi 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 CLEC-1DSLi’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 BBOC may allow other telecommunications carriers to share CLEC-1BBOC’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 BBOC (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 BBOC shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement between BellSouth and CLEC-1. 3.2.1 CLEC-13.4.1 BBOC, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 BBOC shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 BBOC 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 CLEC-1BBOC’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 BTC may allow other telecommunications carriers to share CLEC-1BTC’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 BTC (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 BTC shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 BTC that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement Attachment between BellSouth and CLEC-1BTC. 3.2.1 CLEC-13.4.1 BTC, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 BTC shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 BTC 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 CLEC-1BTC’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 Adelphia may allow other telecommunications carriers to share CLEC-1Adelphia’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 Adelphia (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises central office premises is located within a leased space and BellSouth is prohibited not authorized by said lease from offering the lessor to offer such an option. CLEC-1 shall notify BellSouth in writing upon execution The terms and conditions of any the agreement between the Host and its Guest Guests shall be written and a copy provided, on a confidential basis, to the BellSouth contact specified in Section 15 within ten (10) calendar business days of its execution the Guest’s application and prior to any Firm Order. Further, such notice said agreement shall include incorporate by reference the name of the Guest(s) and the term of the agreementrates, terms, and shall contain a certification by CLEC-1 that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in of this Agreement Attachment between BellSouth and CLEC-1Adelphia. 3.2.1 CLEC-1, as the Host 3.3.1 Adelphia shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In Kentucky, and in addition to the foregoing, CLEC-1 shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application application is not the initial Application application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.3.2 ▇▇▇▇▇▇▇▇ 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 CLEC-1▇▇▇▇▇▇▇▇’s Guests in the Collocation Space except for claims, actions, causes of action, of whatever kind or nature arising out of the interconnection between BellSouth and the Guest(s) or BellSouth’s provision of access to unbundled network elements to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductGuest(s) directly.

Shared (Subleased) Caged Collocation. CLEC-1 MTS Communications may allow other telecommunications carriers to share CLEC-1MTS Communications’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 MTS Communications (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 MTS Communications shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 MTS Communications that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement Attachment between BellSouth and CLEC-1MTS Communications. 3.2.1 CLEC-13.4.1 MTS Communications, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 MTS Communications shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 MTS Communications 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 CLEC-1MTS Communications’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 LCT may allow other telecommunications carriers to share CLEC-1LCT’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 LCT (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 LCT shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 LCT that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement Attachment between BellSouth and CLEC-1LCT. 3.2.1 CLEC-13.4.1 LCT, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentucky, and in addition to the foregoing, CLEC-1 LCT shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 LCT 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 CLEC-1LCT’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 Powertel may allow other telecommunications carriers to share CLEC-1Powertel’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 Powertel (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 Powertel shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 Powertel that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement between BellSouth and CLEC-1Powertel. 3.2.1 CLEC-13.4.1 Powertel, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Agreement; and for the purposes of ensuring that the safety and security requirements of this Agreement are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 Powertel shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 Powertel 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 CLEC-1Powertel’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 WinStar may allow other telecommunications carriers to share CLEC-1WinStar’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 WinStar (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 WinStar shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement between BellSouth and CLEC-1. 3.2.1 CLEC-13.4.1 WinStar, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Exhibit; and for the purposes of ensuring that the safety and security requirements of this Agreement Exhibit are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 WinStar shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 WinStar 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 CLEC-1WinStar’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 KMC Telecom may allow other telecommunications carriers to share CLEC-1KMC Telecom’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 KMC Telecom (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 KMC Telecom shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar days (in Mississippi, ten (10) business 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 CLEC-1 KMC Telecom that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Agreement Attachment between BellSouth and CLEC-1KMC Telecom. 3.2.1 CLEC-13.4.1 KMC Telecom, as the Host host CLEC shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of prorate the costs of the collocation space based on the number of collocators and the space used by each. In Kentuckyall states other than Florida, and in addition to the foregoing, CLEC-1 KMC Telecom shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application is not the initial Application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.4.2 KMC Telecom 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 CLEC-1KMC Telecom’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Shared (Subleased) Caged Collocation. CLEC-1 OptiLink may allow other telecommunications carriers to share CLEC-1OptiLink’s caged collocation arrangement pursuant to terms and conditions agreed to by CLEC-1 OptiLink (“Host”) and other telecommunications carriers (“Guests”) and pursuant to this section, except section with the following exceptions: (1) where local building code does not allow Shared (Subleased) Caged Collocation and (2) where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option. CLEC-1 OptiLink shall notify BellSouth in writing upon execution of any agreement between the Host and its Guest within ten (10) calendar business days of its execution and prior to any Firm Order. Further, such notice shall include the name of the Guest(s) and the ther term of the agreement, and shall contain a certification by CLEC-1 OptiLink that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space collocation space as set forth in this Agreement between BellSouth BellSouh and CLEC-1OptiLink. 3.2.1 CLEC-1, as the Host 3.3.1 OptiLink shall be the sole interface and responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placements of Guest; for assessment and billing of rates and charges contained within Attachment A to the SGAT this Attachment; and for the purposes of ensuring that the safety and security requirements of this Agreement Attachment are fully complied with by the Guest, its employees and agents. BellSouth shall provide CLEC-1 with a proration of the costs of the collocation space based on the number of collocators and the space used by each. In Kentucky, and in addition to the foregoing, CLEC-1 shall be the responsible party to BellSouth for the purpose of submitting Applications for initial and additional equipment placement of Guest. In the event the Host and Guest jointly submit an initial Application, only one Application Fee will be assessed. A separate initial Guest application shall require the assessment of a Subsequent Application Fee, as set forth in Attachment A to the SGATExhibit A, if this Application application is not the initial Application application made for the arrangement. Notwithstanding the foregoing, Guest may arrange directly with BellSouth for the provision of the interconnecting facilities between BellSouth and Guest and for the provision provisions of the services and access to unbundled network elements. 3.2.2 CLEC-1 3.3.2 OptiLink 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 CLEC-1OptiLink’s Guests in the Collocation Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconductSpace.