Common use of Use of Collocation Space Clause in Contracts

Use of Collocation Space. 6.1 Subject to § 6.13 below, TWCIS (KY) 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, TWCIS (KY) shall not use the Collocation Space for office, retail, or sales purposes. TWCIS (KY) shall place no signs or markings of any kind (except for a plaque or other identification affixed to TWCIS (KY)’s equipment and reasonably necessary to identify TWCIS (KY)’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 TWCIS (KY) is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by TWCIS (KY) in the Collocation Space. 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 TWCIS (KY) when access to the Collocation Space is required. TWCIS (KY) may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that TWCIS (KY) will not bear any of the expense associated with this work. 6.4 TWCIS (KY) Access to TWCIS (KY)’s Collocation Space TWCIS (KY) 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 TWCIS (KY) to traverse restricted areas. All employees, agents and contractors of TWCIS (KY) 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. TWCIS (KY) agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, TWCIS (KY) shall surrender the Collocation Space to Windstream in the same condition as when first occupied by TWCIS (KY) except for ordinary wear and tear or damage by fire or other casualty excepted. 6.5 TWCIS (KY) must submit an application listing all of TWCIS (KY)’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. TWCIS (KY) 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. TWCIS (KY) 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. 6.6 In the event that subsequent to the execution of this Attachment TWCIS (KY) desires to place in the Collocation Space any equipment or facilities not set forth on the application, TWCIS (KY) 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. 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. 6.8 TWCIS (KY) 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 TWCIS (KY) to complete the Application/Inquiry process described in § 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.0, following. The Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to TWCIS (KY)’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form and all applicable fees. 6.9 TWCIS (KY) shall 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 TWCIS (KY) of delays. 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 feet. 6.11 TWCIS (KY) equipment or operating practices representing a significant technical threat to Windstream’s network or facilities, including the building, that is supported by demonstrable evidence from Windstream, is strictly prohibited. 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. 6.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 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 § 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. 6.14 Subject to this Attachment, TWCIS (KY) 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 TWCIS (KY) 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 TWCIS (KY) at any time. TWCIS (KY) shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 In no case shall TWCIS (KY) or any person purporting to be acting through or on behalf of TWCIS (KY) 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 TWCIS (KY), provided that Windstream shall have the right to reject or modify any such request. TWCIS (KY) shall pay the cost of any such construction in accordance with Windstream’s then-standard custom work order process.

Use of Collocation Space. 6.1 7.1 Subject to § 6.13 7.13 below, TWCIS (KY) NebraskaLink 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, TWCIS (KY) NebraskaLink shall not use the Collocation Space for office, retail, or sales purposes. TWCIS (KY) NebraskaLink shall place no signs or markings of any kind (except for a plaque or other identification affixed to TWCIS (KY)’s NebraskaLink’ equipment and reasonably necessary to identify TWCIS (KY)’s NebraskaLink’ equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 6.2 TWCIS (KY) 7.2 NebraskaLink is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by TWCIS (KY) NebraskaLink in the Collocation Space.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D 6.3 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 written notice to TWCIS (KY) NebraskaLink when access to the Collocation Space is required. TWCIS (KY) NebraskaLink may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that TWCIS (KY) NebraskaLink will not bear any of the expense associated with this work. 6.4 TWCIS (KY) 7.4 NebraskaLink Access to TWCIS (KY)’s NebraskaLink’ Collocation Space TWCIS (KY) NebraskaLink 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 TWCIS (KY) NebraskaLink to traverse restricted areas. All employees, agents and contractors of TWCIS (KY) NebraskaLink 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. TWCIS (KY) NebraskaLink agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, TWCIS (KY) NebraskaLink shall surrender the Collocation Space to Windstream in the same condition as when first occupied by TWCIS (KY) NebraskaLink except for ordinary wear and tear or damage by fire or other casualty exceptedtear. 6.5 TWCIS (KY) 7.5 NebraskaLink must submit an application listing all of TWCIS (KY)’s NebraskaLink’ 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. TWCIS (KY) NebraskaLink 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. TWCIS (KY) NebraskaLink 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. 6.6 7.6 In the event that subsequent to the execution of this Attachment TWCIS (KY) NebraskaLink desires to place in the Collocation Space any equipment or facilities not set forth on the application, TWCIS (KY) NebraskaLink 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. 6.7 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. 6.8 TWCIS (KY) 7.8 NebraskaLink 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 TWCIS (KY) NebraskaLink to complete the Application/Inquiry process described in § 6.5 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 14.015.0, following. The Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to TWCIS (KY)’s NebraskaLink’ Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form and all applicable fees.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D 6.9 TWCIS (KY) 7.9 NebraskaLink shall bear 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 promptly advise TWCIS (KY) NebraskaLink of delays. NebraskaLink agrees Windstream shall not be liable to NebraskaLink for delays in providing possession of the Collocation Space. 6.10 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. 6.11 TWCIS (KY) 7.11 NebraskaLink 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. 6.12 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. 6.13 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 14.9 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 § 14.0 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. 6.14 7.14 Subject to this Attachment, TWCIS (KY) NebraskaLink 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 TWCIS (KY) NebraskaLink 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 TWCIS (KY) NebraskaLink at any time. TWCIS (KY) NebraskaLink shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 6.15 7.15 In no case shall TWCIS (KY) NebraskaLink or any person purporting to be acting through or on behalf of TWCIS (KY) NebraskaLink 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 TWCIS (KY)NebraskaLink, provided that Windstream shall have the right to reject or modify any such request. TWCIS (KY) NebraskaLink shall pay the cost of any such construction in accordance with Windstream’s then-standard custom work order process.. DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D