Common use of Caged Collocation Clause in Contracts

Caged Collocation. 3.2.1 At ACCESS Integrated’s option and expense, ACCESS Integrated may arrange with a Supplier certified by BellSouth (BellSouth Certified Supplier) to construct a collocation arrangement enclosure, where technically feasible as that term has been defined by the FCC, in accordance with BellSouth’s specifications for a wire mesh enclosure prior to starting equipment installation. Where local building codes require enclosure specifications more stringent than BellSouth’s wire mesh enclosure specifications, ACCESS Integrated and ACCESS Integrated’s BellSouth Certified Supplier must comply with the more stringent local building code requirements. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible for filing and obtaining any and all necessary permits and/or licenses for such construction. BellSouth or BellSouth’s designated agent or contractor shall provide, at ACCESS Integrated’s expense, documentation, which may include existing building architectural drawings, enclosure drawings, and specifications etc., necessary for ACCESS Integrated’s BellSouth Certified Supplier to obtain the zoning, permits and/or other licenses. ACCESS Integrated’s BellSouth Certified Supplier shall ▇▇▇▇ ACCESS Integrated directly for all work performed for ACCESS Integrated pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by ACCESS Integrated’s BellSouth Certified Supplier. ACCESS Integrated must provide the local BellSouth Remote Site Location contact with two (2) Access Keys used to enter the locked enclosure. Except in case of emergency, BellSouth will not access ACCESS Integrated’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to ACCESS Integrated’s Remote Site Location is required. Upon request, BellSouth shall construct the enclosure for ACCESS Integrated. 3.2.2 BellSouth may elect to review ACCESS Integrated’s plans and specifications, if ACCESS Integrated has indicated its desire to have ACCESS Integrated’s BellSouth Certified Supplier construct the collocation arrangement enclosure, prior to allowing the construction to start, to ensure ACCESS Integrated’s compliance with BellSouth’s wire mesh enclosure specifications. BellSouth will notify ACCESS Integrated of its desire to execute this review in BellSouth’s Application Response to ACCESS Integrated’s application. The Application Response is defined for purposes of this Attachment as BellSouth’s written response that includes sufficient information for ACCESS Integrated to place a firm order for the Remote Collocation Space it is requesting. If ACCESS Integrated’s application does not indicate their desire to construct their own enclosure and ACCESS Integrated subsequently decides to construct its own enclosure prior to BellSouth’s Application Response, then ACCESS Integrated will resubmit its application, indicating its desire to construct its own enclosure. BellSouth shall complete its review within fifteen (15) days after BellSouth’s receipt of ACCESS Integrated’s plans and specifications. Regardless of whether or not BellSouth elects to review ACCESS Integrated’s plans and specifications, BellSouth reserves the right to inspect the enclosure after construction to make sure it is constructed according to the submitted plans and specifications and/or BellSouth’s wire mesh enclosure specifications, as applicable. If BellSouth decides to inspect the constructed Remote Collocation Space, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the enclosure has been completed. BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s caged Remote Collocation Space, any structure that does not meet ACCESS Integrated’s plans and specifications or BellSouth’s wire mesh enclosure specifications, as applicable.

Caged Collocation. 3.2.1 BellSouth will make caged Collocation Space available in fifty (50) square foot increments. At ACCESS Integrated’s option and expense, ACCESS Integrated may will arrange with a Supplier certified by BellSouth (BellSouth Certified Supplier) to construct a collocation arrangement enclosure, where technically feasible as that term has been defined by the FCC, enclosure in accordance with BellSouth’s specifications for a wire mesh enclosure prior to starting equipment installation. Where local building codes require enclosure specifications more stringent than BellSouth’s wire mesh enclosure specifications, ACCESS Integrated and ACCESS Integrated’s BellSouth Certified Supplier must comply with the more stringent local building code requirements. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible for filing and obtaining any and all necessary permits and/or licenses for such construction. BellSouth or BellSouth’s designated agent or contractor shall provide, at ACCESS Integrated’s expense, documentation, which may include existing building architectural drawings, enclosure drawings, and specifications specifications, etc., necessary for ACCESS Integrated’s BellSouth Certified Supplier to obtain the zoning, all necessary permits and/or other licenses. ACCESS Integrated’s BellSouth Certified Supplier shall ▇▇▇▇ ACCESS Integrated directly for all work performed for ACCESS Integrated pursuant to this Attachment and Integrated. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by ACCESS Integrated’s BellSouth Certified Supplier. ACCESS Integrated must provide the local BellSouth Remote Site Location contact Central Office Building Contact with two (2) Access Keys used to enter that will allow entry into the locked enclosure. Except in the case of an emergency, BellSouth will not access ACCESS Integrated’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to ACCESS Integrated’s Remote Site Location Collocation Space is required. Upon request, BellSouth shall construct the enclosure for ACCESS Integrated. 3.2.2 In the event ACCESS Integrated’s BellSouth Certified Supplier will construct the collocation arrangement enclosure, BellSouth may elect to review ACCESS Integrated’s plans and specifications, if ACCESS Integrated has indicated its desire to have ACCESS Integrated’s BellSouth Certified Supplier construct the collocation arrangement enclosure, prior to allowing the construction to start, to ensure ACCESS Integrated’s compliance with BellSouth’s wire mesh enclosure specifications. BellSouth will notify ACCESS Integrated of its desire to execute conduct this review in BellSouth’s Application Response Response, as defined herein, to ACCESS Integrated’s application. The Application Response is defined for purposes of this Attachment as BellSouth’s written response that includes sufficient information for ACCESS Integrated to place a firm order for the Remote Collocation Space it is requestingInitial Application. If ACCESS Integrated’s application Initial Application does not indicate their its desire to construct their its own enclosure and ACCESS Integrated subsequently decides to construct its own enclosure prior to BellSouth’s Application Response, then ACCESS Integrated will resubmit its applicationInitial Application, indicating its desire to construct its own enclosure. If ACCESS Integrated subsequently decides to construct its own enclosure after the bona fide firm order (hereinafter “BFFO”) has been accepted by BellSouth, ACCESS Integrated will submit a Subsequent Application, as defined in Section 6.2 below. If BellSouth elects to review ACCESS Integrated’s plans and specifications, then BellSouth will provide notification to ACCESS Integrated within ten (10) days after the Initial Application BFFO date or, if a Subsequent Application is submitted as set forth in the preceding sentence, then the Subsequent Application BFFO date. BellSouth shall complete its review within fifteen (15) days after BellSouth’s receipt of ACCESS Integrated’s plans and specifications. Regardless of whether or not BellSouth elects to review ACCESS Integrated’s plans and specifications, BellSouth reserves the right to inspect the enclosure after construction has been completed to make sure ensure that it is constructed according to the ACCESS Integrated’s submitted plans and specifications and/or BellSouth’s wire mesh enclosure specifications, as applicable. If BellSouth decides to inspect the constructed Remote Collocation Space, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the enclosure has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s caged Collocation Space BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s caged Remote Collocation Space, any structure that does not meet ACCESS Integrated’s plans and specifications or BellSouth’s wire mesh enclosure specifications, as applicable.