Common use of Use of Collocation Space Clause in Contracts

Use of Collocation Space. 7.1 Subject to § 7.13 below, Allo Communications shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Allo Communications shall not use the Collocation Space for office, retail, or sales purposes. Allo Communications shall place no signs or markings of any kind (except for a plaque or other identification affixed to Allo Communications’ equipment and reasonably necessary to identify Allo Communications’ equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 7.2 Allo Communications is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Allo Communications in the Collocation Space. 7.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Allo Communications when access to the Collocation Space is required. Allo Communications may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Allo Communications will not bear any of the expense associated with this work. 7.4 Allo Communications Access to Allo Communications’ Collocation Space Allo Communications shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Allo Communications to traverse restricted areas. All employees, agents and contractors of Allo Communications having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Allo Communications agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Allo Communications shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Allo Communications except for ordinary wear and tear. 7.5 Allo Communications must submit an application listing all of Allo Communications’ telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Allo Communications warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Allo Communications shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 7.6 In the event that subsequent to the execution of this Attachment Allo Communications desires to place in the Collocation Space any equipment or facilities not set forth on the application, Allo Communications shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 7.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 7.8 Allo Communications shall indicate its intent to proceed with equipment installation in a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a request to: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. A Collocation Application Form requires Allo Communications to complete the Application/Inquiry process described in § 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 15.0, following. The Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to Allo Communications’ Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form and all applicable fees. 7.9 Allo Communications shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Allo Communications of delays. Allo Communications agrees Windstream shall not be liable to Allo Communications for delays in providing possession of the Collocation Space. 7.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 7.11 Allo Communications equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 7.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 15.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 15.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 7.14 Subject to this Attachment, Allo Communications may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Allo Communications in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Allo Communications at any time. Allo Communications shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 7.15 In no case shall Allo Communications or any person purporting to be acting through or on behalf of Allo Communications make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by Allo Communications, provided that Windstream shall have the right to reject or modify any such request. Allo Communications shall pay the cost of any such construction in accordance with Windstream’s then-standard custom work order process.

Use of Collocation Space. 7.1 Subject to § 7.13 below, Allo Communications ▇▇▇▇▇▇ shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Allo Communications ▇▇▇▇▇▇ shall not use the Collocation Space for office, retail, or sales purposes. Allo Communications ▇▇▇▇▇▇ shall place no signs or markings of any kind (except for a plaque or other identification affixed to Allo Communications’ ▇▇▇▇▇▇’▇ equipment and reasonably necessary to identify Allo Communications’ ▇▇▇▇▇▇’▇ equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 7.2 Allo Communications ▇▇▇▇▇▇ is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Allo Communications ▇▇▇▇▇▇ in the Collocation Space. 7.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Allo Communications ▇▇▇▇▇▇ when access to the Collocation Space is required. Allo Communications ▇▇▇▇▇▇ may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Allo Communications ▇▇▇▇▇▇ will not bear any of the expense associated with this work. 7.4 Allo Communications ▇▇▇▇▇▇ Access to Allo Communications’ ▇▇▇▇▇▇’▇ Collocation Space Allo Communications ▇▇▇▇▇▇ shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Allo Communications ▇▇▇▇▇▇ to traverse restricted areas. All employees, agents and contractors of Allo Communications ▇▇▇▇▇▇ having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Allo Communications ▇▇▇▇▇▇ agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Allo Communications ▇▇▇▇▇▇ shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Allo Communications ▇▇▇▇▇▇ except for ordinary wear and tear. 7.5 Allo Communications ▇▇▇▇▇▇ must submit an application listing all of Allo Communications’ ▇▇▇▇▇▇’▇ telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Allo Communications ▇▇▇▇▇▇ warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Allo Communications ▇▇▇▇▇▇ shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 7.6 In the event that subsequent to the execution of this Attachment Allo Communications ▇▇▇▇▇▇ desires to place in the Collocation Space any equipment or facilities not set forth on the application, Allo Communications ▇▇▇▇▇▇ shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 7.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 7.8 Allo Communications ▇▇▇▇▇▇ shall indicate its intent to proceed with equipment installation in a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a request to: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. A Collocation Application Form requires Allo Communications ▇▇▇▇▇▇ to complete the Application/Inquiry process described in § 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 15.0, following. The Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to Allo Communications’ ▇▇▇▇▇▇’▇ Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form and all applicable fees. 7.9 Allo Communications ▇▇▇▇▇▇ shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Allo Communications ▇▇▇▇▇▇ of delays. Allo Communications ▇▇▇▇▇▇ agrees Windstream shall not be liable to Allo Communications ▇▇▇▇▇▇ for delays in providing possession of the Collocation Space. 7.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 7.11 Allo Communications ▇▇▇▇▇▇ equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 7.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 15.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 15.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 7.14 Subject to this Attachment, Allo Communications ▇▇▇▇▇▇ may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Allo Communications ▇▇▇▇▇▇ in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Allo Communications ▇▇▇▇▇▇ at any time. Allo Communications ▇▇▇▇▇▇ shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 7.15 In no case shall Allo Communications ▇▇▇▇▇▇ or any person purporting to be acting through or on behalf of Allo Communications ▇▇▇▇▇▇ make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by Allo Communications▇▇▇▇▇▇, provided that Windstream shall have the right to reject or modify any such request. Allo Communications ▇▇▇▇▇▇ shall pay the cost of any such construction in accordance with Windstream’s then-standard custom work order process.

Use of Collocation Space. 7.1 6.1 Subject to § 7.13 6.13 below, Allo Communications Comcast shall only use the Collocation Space solely for the purposes of locating equipment and facilities within Windstreamexplicitly allowed under the FCC’s central offices to connect with Windstream services onlycollocation rules found in Title 47 Part 51. Consistent with the nature of the Building and the environment of the Collocation Space, Allo Communications Comcast shall not use the Collocation Space for office, retail, or sales purposes. Allo Communications Comcast shall place no signs or markings of any kind (except for a plaque or other identification affixed to Allo Communications’ Comcast’s equipment and reasonably necessary to identify Allo Communications’ Comcast’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 7.2 Allo Communications 6.2 Comcast is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Allo Communications Comcast in the Collocation Space. 7.3 6.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable written notice to Allo Communications Comcast when access to the Collocation Space is required. Allo Communications Comcast may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Allo Communications Comcast will not bear any of the expense associated with this work. 7.4 Allo Communications 6.4 Comcast Access to Allo Communications’ Comcast’s Collocation Space Allo Communications Comcast shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Allo Communications Comcast to traverse restricted areas. All employees, agents and contractors of Allo Communications Comcast having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Allo Communications Comcast agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Allo Communications Comcast shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Allo Communications Comcast except for ordinary wear and teartear or damage by fire or other casualty excepted. 7.5 Allo Communications 6.5 Comcast must submit an application listing all of Allo Communications’ Comcast’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Allo Communications Comcast warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Allo Communications Comcast shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 7.6 6.6 In the event that subsequent to the execution of this Attachment Allo Communications Comcast desires to place in the Collocation Space any equipment or facilities not set forth on the application, Allo Communications Comcast shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 7.7 6.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 7.8 Allo Communications 6.8 Comcast shall indicate its intent to proceed with equipment installation in a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a request to: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. A Collocation Application Form requires Allo Communications Comcast to complete the Application/Inquiry process described in § 7.5 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 15.014.0, following. The Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to Allo Communications’ Comcast’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form and all applicable fees. 7.9 Allo Communications 6.9 Comcast shall bare bear all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will promptly advise Allo Communications Comcast of delays. Allo Communications agrees Windstream shall not be liable to Allo Communications for delays in providing possession of the Collocation Space. 7.10 6.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feetfeet unless cageless collocation has been requested. 7.11 Allo Communications 6.11 Comcast equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, that is supported by demonstrable evidence from Windstream, is strictly prohibited. 7.12 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 7.13 6.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 15.9 14.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 15.0 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 7.14 6.14 Subject to this Attachment, Allo Communications Comcast may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Allo Communications Comcast in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Allo Communications Comcast at any time. Allo Communications Comcast shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 7.15 6.15 In no case shall Allo Communications Comcast or any person purporting to be acting through or on behalf of Allo Communications Comcast make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by Allo CommunicationsComcast, provided that Windstream shall have the right to reject or modify any such request. Allo Communications Comcast shall pay the cost of any such construction in accordance with Windstream’s then-standard custom work order process.