Common use of Caged Clause in Contracts

Caged. At DukeNet’s expense, DukeNet 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 Technical References (TR) (“Specifications”) prior to starting equipment installation. BellSouth will provide Specifications upon request. DukeNet’s BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary permits and/or licenses for such construction. BellSouth shall cooperate with DukeNet and provide, at DukeNet’s expense, the documentation, including existing building architectural drawings, enclosure drawings, and Specifications required and necessary for DukeNet’s BellSouth Certified Supplier to obtain the zoning, permits and/or other licenses. DukeNet’s BellSouth Certified Supplier shall bill DukeNet directly for all work performed for DukeNet pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by DukeNet’s BellSouth Certified Supplier. DukeNet must provide the local BellSouth Remote Site Location contact with two Access Keys used to enter the locked enclosure. Except in case of emergency, BellSouth will not access DukeNet’s locked enclosure prior to notifying DukeNet at least forty-eight (48) hours before access to the Remote Site Location is required. Upon request, BellSouth shall construct the enclosure for DukeNet. 3.2.1 BellSouth may elect to review DukeNet’s plans and specifications prior to allowing construction to start to ensure compliance with BellSouth’s Specifications. Notification to DukeNet indicating ▇▇▇▇▇▇▇▇▇’s desire to execute this review will be provided in BellSouth’s response to the Application, if DukeNet has indicated their desire to construct their own enclosure. If DukeNet’s Application does not indicate their desire to construct their own enclosure, but their firm order does indicate their desire to construct their own enclosure, then notification to review will be given within ten (10) calendar days after the Firm Order date. BellSouth shall complete its review within fifteen (15) calendar days after the receipt of the plans and specifications. Regardless of whether or not BellSouth elects to review DukeNet’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 Specifications, as applicable. BellSouth shall require DukeNet to remove or correct within seven (7) calendar days at DukeNet’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s Specifications.

Caged. At DukeNet’s expense, DukeNet 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 Technical References (TRTRs) (“Specifications”) prior to starting equipment installation. BellSouth will provide Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s enclosure Specifications, DukeNet and DukeNet’s BellSouth Certified Supplier must comply with the more stringent local building code requirements. DukeNet’s BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary permits and/or licenses for such construction. BellSouth shall cooperate with DukeNet and provide, at DukeNet’s expense, the documentation, including existing building architectural drawings, enclosure drawings, and Specifications required and necessary for DukeNet’s BellSouth Certified Supplier to obtain the zoning, permits and/or other licenses. DukeNet’s BellSouth Certified Supplier shall bill DukeNet directly for all work performed for DukeNet pursuant to this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by DukeNet’s BellSouth Certified Supplier. DukeNet must provide the local BellSouth Remote Site Location Central Office building contact with two Access Keys used to enter that will allow entry into the locked enclosure. Except in the case of an emergency, BellSouth Version 1Q03: 02/28/03 will not access DukeNet’s locked enclosure prior to notifying DukeNet at least forty-forty- eight (48) hours or two (2) business days, whichever is greater, before access to the Remote Site Location Collocation Space is required. Upon request, BellSouth shall construct the enclosure for DukeNet. 3.2.1 BellSouth may elect to review DukeNet’s plans and specifications prior to allowing construction to start start, to ensure compliance with BellSouth’s Specifications. Notification to BellSouth will notify DukeNet indicating ▇▇▇▇▇▇▇▇▇’s of its desire to execute this review will be provided in BellSouth’s response to the Initial Application, if DukeNet has indicated their its desire to construct their its own enclosure. If DukeNet’s Initial Application does not indicate their its desire to construct their its own enclosure, but their its subsequent firm order does indicate their its desire to construct their its own enclosure, then notification to review will be given within ten (10) calendar days after the Firm Order date. BellSouth shall complete its review within fifteen (15) calendar days after the receipt of the DukeNet’s plans and specifications. Regardless of whether or not BellSouth elects to review DukeNet’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 DukeNet’s submitted plans and specifications and/or BellSouth’s Specifications, as applicable. If BellSouth shall require DukeNet decides to remove or correct inspect the constructed Collocation Space, BellSouth will complete its inspection within seven (7) calendar days at DukeNet’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s Specifications.fifteen