Common use of SYSTEM CONNECTION Clause in Contracts

SYSTEM CONNECTION. 9.1 Subject to the provisions herein, QWEST shall be responsible for all costs to construct and pull the WORLDCOM Fibers to the WORLDCOM POP at each of the end point and intermediate point locations designated in Exhibit A, at which points QWEST shall hand off the WORLDCOM Fibers to WORLDCOM and at which points WORLDCOM may access the WORLDCOM Fibers. It shall be the responsibility of WORLDCOM to (i) obtain all location, occupancy and other necessary access rights, permits and approvals to permit QWEST to construct and install the Cable from the manhole nearest each POP location to the POP, and (H) provide riser conduits to each POP. Where WORLDCOM has conduit available from the manhole nearest to the POP or another location adjacent to the POP that would assist in connecting the WORLDCOM Fibers from the QWEST System right-of-way to a particular WORLDCOM POP location, WORLDCOM agrees to make such conduit available for such purpose at no charge to QWEST, including, without limitation, in the specific locations described in Exhibit A, and in all other circumstances QWEST shall be responsible for providing the conduit from the manhole nearest to the POP to the bottom of the riser. WORLDCOM further agrees that, if it has conduit, housed in steel pipe, that has not been committed or reserved for other use from another location and that would assist in connecting the WORLDCOM Fibers from the QWEST System right-of-way to a particular POP location, it will, subject to existing permits, approvals and authorizations, grant to QWEST an IRU in such conduit for such purpose at a price of $ ##MATERIAL OMITTED AND SEPARATELY FILED UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT## per conduit foot. QWEST may install, maintain and route the WORLDCOM Fibers within QWEST facilities at its sole discretion. Unless the parties otherwise expressly agree, in no event will WORLDCOM's equipment be located in QWEST facilities. 9.2 WORLDCOM may, at its sole option and at any time during the Term, connect its telecommunications system with the WORLDCOM Fibers at WORLDCOM's sole cost, at any point along the Segments delivered hereunder which is specifically identified in Exhibit A or which otherwise is approved by QWEST in writing, which approval shall not be unreasonably withheld (each a "Connecting Point"); provided, however, any such connection will be performed by QWEST, in accordance with QWEST's applicable specifications and operating procedures, and shall be subject to applicable contractual, underlying real property and other third-party limitations and restrictions, and WORLDCOM shall pay QWEST's Costs for each such connection within thirty (30) days of the date of WORLDCOM's receipt of QWEST's invoice therefor. In order to schedule a connection of this type, WORLDCOM shall request and coordinate such work not less than thirty (30) days in advance of the date the connection is requested to be completed. Such work will be restricted to a Planned System Work Period ("'PSWP"), as defined in Section 36. 1, unless otherwise agreed to in writing for specific projects. Subject to QWEST's underlying real property rights and applicable restrictions, WORLDCOM shall also be provided reasonable access by QWEST to any Connecting Point during the term of this Agreement. WORLDCOM shall have no limitations on the types of electronics or technologies employed to utilize the WORLDCOM Fibers, subject to mutually agreeable safety procedures and so long as such electronics or technologies do not interfere with the use of or present a risk of damage to any portion of the QWEST System.