Common use of COLLOCATOR RESPONSIBILITIES Clause in Contracts

COLLOCATOR RESPONSIBILITIES. 9.1 Consistent with the nature of the Eligible Structure, the Adjacent Structure and the environment of the Physical Collocation Space, Collocator shall not use the Physical Collocation Space for office, retail, or sales purposes. No signage or markings of any kind by Collocator shall be permitted on the Eligible Structure, on the grounds surrounding the building, or on the Adjacent Structure. 9.2 Collocator represents and warrants that each item of Collocator's Equipment meets SBC-13STATE minimum safety standards and are compliant with the other requirements set forth in this Appendix. DISCLOSURE OF ANY NON-COMPLIANT EQUIPMENT OR FACILITIES TO SBC-13STATE IN A PHYSICAL COLLOCATION APPLICATION OR OTHERWISE SHALL NOT QUALIFY THIS ABSOLUTE CERTIFICATION REQUIREMENT IN ANY MANNER. 9.3 Procurement, installation and termination of interconnection cabling between Collocator's Physical Collocation Space and SBC-13STATE Main Distribution Frame and/or interconnection points by Collocator's SBC-13STATE Approved Vendor. Additional requirements relating to installation and termination of interconnection cabling is set forth in Section 10.5.3 of this Appendix. 9.4 Procurement and installation of power cable(s) by Collocator's SBC-13STATE Approved Power Installation Vendor from the Physical Collocation Space to the designated SBC-13STATE’s Battery Distribution Fuse Bay (BDFB) or Power Plant Primary Distribution points, whichever is applicable. Additional requirements relating to installation of power cable(s) is set forth in Section 10.6 of this Appendix. 9.5 Collocator’s employees, agents and contractors shall be permitted access to the Physical Collocation Space at all times, provided that Collocator’s employees, agents and contractors comply with SBC- 13STATE’s policies and practices pertaining to fire, safety and security. Collocator agrees to comply promptly with all laws, ordinances and regulations affecting the use of the Physical Collocation Space. 9.6 Collocator is solely responsible for the design, engineering, installation, testing, performance, and maintenance of the Collocator Telecom Equipment used by Collocator in the Physical Collocation Space. Collocator may not disassemble, remove or otherwise reconfigure the cage enclosure (Physical Collocation Space) at any time unless it has been provided by the Collocator. Collocator is also responsible for servicing, supplying, repairing, installing and maintaining the following facilities within the Physical Collocation Space in the SBC-13STATES: 9.6.1 Its fiber optic cable(s); 9.6.2 Its Collocator Telecom Equipment; 9.6.3 Collocator requested dedicated point of termination frame maintenance, including replacement of fuses and circuit breaker restoration, to the extent that such fuses and circuit breakers are within Collocator’s Physical Collocation Space; and 9.6.4 The connection cable and associated equipment which may be required within Collocator’s Physical Collocation Space to the point(s) of termination of that cable within Collocator’s Physical Collocation Space. 9.6.5 SBC-13STATE requires that a Collocation Interconnect Power Panel (CIPP) must be used when the Physical Collocation arrangement is not served from SBC-13STATE’s BDFB. No CIPP is required for 20, 40 or 50 amp arrangements, which are served from SBC-13STATE’s BDFB. The CIPPs are designed to provide 20, 40, 50 or 100/200 (maximum) amp redundant increments of DC power. The CIPP is always required for 100/200 amp or greater power arrangements. The Collocator will furnish and install the (CIPP) within a Collocator-provided equipment bay designated by Collocator. The CIPP must meet TP76200MP Level 1 requirements. 9.7 Collocator will, whenever possible, place their telecom equipment in the Physical Collocation Space within ninety (90) calendar days of Delivery Date. Collocator must interconnect to SBC-13STATE’s network or gain access to SBC-13STATE’s unbundled network elements within one hundred eighty (180) calendar days of Delivery Date. If Collocator fails to do so, SBC-13STATE may, upon written notice, terminate that Physical Collocation arrangement, and Collocator shall be liable in an amount equal to the unpaid balance of the charges due under this Appendix for the terminated arrangement and, further, shall continue to be bound by the provisions of this Appendix, the terms and any context of which indicates continued viability or applicability beyond termination. For purposes of this Section, Collocator Telecom Equipment is considered to be interconnected when physically connected to SBC-13STATE’s network or a SBC- 13STATE unbundled network element for the purpose of Collocator providing a telecommunications service. 9.8 Orders for additional space will not be accepted until the existing Collocator’s Physical Collocation Space in the requested Eligible Structure, is “efficiently used.” Orders for additional Connecting Facility Assignments (CFAs) will not be accepted until the specific CFA type requested (i.e. DSO, DS1, Fiber, etc.) in the requested Eligible Structure is "efficiently use." 9.8.1 For purposes of this Appendix, “efficiently used" space means the Collocator is utilizing between sixty percent (60%) and one hundred percent (100%) of the Collocator’s existing collocation space arrangement, caged and/or cageless, in a particular Eligible Structure. The determination as to whether this criterion is met or necessary is solely within the reasonable judgment of SBC- 13STATE. 9.8.2 For purposes of this Appendix, “efficiently used" CFA means that at least sixty percent (60%) of the Collocator’s specific type of CFA (cable pairs, coaxial or fiber facilities) requested is currently being used for purpose of interconnecting to SBC-13STATE network for the transmission and routing of telephone exchange service or exchange access. The determination as to whether this criterion is met or the use is necessary is solely within the reasonable judgment of SBC-13STATE. 9.9 Subject to the limitations and restrictions of this Appendix, Collocator may place or install in or on the Physical Collocation Space such fixtures and unpowered facilities as it shall deem desirable for the proper use of the Physical Collocation Space as described above. Personal property, fixtures and unpowered facilities placed by Collocator in the Physical Collocation Space shall not become a part of the Physical Collocation Space, even if nailed, screwed or otherwise fastened to the Physical Collocation Space, but shall retain their status as personal property and may be removed by Collocator at any time. Any damage caused to the Physical Collocation Space by the removal of such property shall be repaired at Collocator’s expense. 9.10 This Appendix and the Collocation provided hereunder is made available subject to and in accordance with Sections 9.10.1, 9.10.2, 9.10.3, and 9.

COLLOCATOR RESPONSIBILITIES. 9.1 Consistent with the nature of the Eligible Structure, the Adjacent Structure and the environment of the Physical Collocation Space, Collocator shall not use the Physical Collocation Space for office, retail, or sales purposes. No signage or markings of any kind by Collocator shall be permitted on the Eligible Structure, on the grounds surrounding the building, or on the Adjacent Structure. 9.2 Collocator represents and warrants that each item of Collocator's Equipment meets SBC-13STATE minimum safety standards and are compliant with the other requirements set forth in this Appendix. DISCLOSURE OF ANY NON-COMPLIANT EQUIPMENT OR FACILITIES TO SBC-13STATE IN A PHYSICAL COLLOCATION APPLICATION OR OTHERWISE SHALL NOT QUALIFY THIS ABSOLUTE CERTIFICATION REQUIREMENT IN ANY MANNER. 9.3 Procurement, installation and termination of interconnection cabling between Collocator's Physical Collocation Space and SBC-13STATE Main Distribution Frame and/or interconnection points by Collocator's SBC-13STATE Approved Vendor. Additional requirements relating to installation and termination of interconnection cabling is set forth in Section 10.5.3 of this Appendix. 9.4 Procurement and installation of power cable(s) by Collocator's SBC-13STATE Approved Power Installation Vendor from the Physical Collocation Space to the designated SBC-13STATE’s Battery Distribution Fuse Bay (BDFB) or Power Plant Primary Distribution points, whichever is applicable. Additional requirements relating to installation of power cable(s) is set forth in Section 10.6 of this Appendix. 9.5 Collocator’s employees, agents and contractors shall be permitted access to the Physical Collocation Space at all times, provided that Collocator’s employees, agents and contractors comply with SBC- 13STATESBC-13STATE’s policies and practices pertaining to fire, safety and security. Collocator agrees to comply promptly with all laws, ordinances and regulations affecting the use of the Physical Collocation Space. 9.6 Collocator is solely responsible for the design, engineering, installation, testing, performance, and maintenance of the Collocator Telecom Equipment used by Collocator in the Physical Collocation Space. Collocator may not disassemble, remove or otherwise reconfigure the cage enclosure (Physical Collocation Space) at any time unless it has been provided by the Collocator. Collocator is also responsible for servicing, supplying, repairing, installing and maintaining the following facilities within the Physical Collocation Space in the SBC-13STATES: 9.6.1 Its fiber optic cable(s); 9.6.2 Its Collocator Telecom Equipment; 9.6.3 Collocator requested dedicated point of termination frame maintenance, including replacement of fuses and circuit breaker restoration, to the extent that such fuses and circuit breakers are within Collocator’s Physical Collocation Space; and 9.6.4 The connection cable and associated equipment which may be required within Collocator’s Physical Collocation Space to the point(s) of termination of that cable within Collocator’s Physical Collocation Space. 9.6.5 SBC-13STATE requires that a Collocation Interconnect Power Panel (CIPP) must be used when the Physical Collocation arrangement is not served from SBC-13STATE’s BDFB. No CIPP is required for 20, 40 or 50 amp arrangements, which are served from SBC-13STATE’s BDFB. The CIPPs are designed to provide 20, 40, 50 or 100/200 (maximum) amp redundant increments of DC power. The CIPP is always required for 100/200 amp or greater power arrangements. The Collocator will furnish and install the (CIPP) within a Collocator-provided equipment bay designated by Collocator. The CIPP must meet TP76200MP Level 1 requirements. 9.7 Collocator will, whenever possible, place their telecom equipment in the Physical Collocation Space within ninety (90) calendar days of Delivery Date. Collocator must interconnect to SBC-13STATE’s network or gain access to SBC-13STATE’s unbundled network elements within one hundred eighty (180) calendar days of Delivery Date. If Collocator fails to do so, SBC-13STATE may, upon written notice, terminate that Physical Collocation arrangement, and Collocator shall be liable in an amount equal to the unpaid balance of the charges due under this Appendix for the terminated arrangement and, further, shall continue to be bound by the provisions of this Appendix, the terms and any context of which indicates continued viability or applicability beyond termination. For purposes of this Section, Collocator Telecom Equipment is considered to be interconnected when physically connected to SBC-13STATE’s network or a SBC- 13STATE unbundled network element for the purpose of Collocator providing a telecommunications service. 9.8 Orders for additional space will not be accepted until the existing Collocator’s Physical Collocation Space in the requested Eligible Structure, is “efficiently used.” Orders for additional Connecting Facility Assignments (CFAs) will not be accepted until the specific CFA type requested (i.e. DSO, DS1, Fiber, etc.) in the requested Eligible Structure is "efficiently use." 9.8.1 For purposes of this Appendix, “efficiently used" space means the Collocator is utilizing between sixty percent (60%) and one hundred percent (100%) of the Collocator’s existing collocation space arrangement, caged and/or cageless, in a particular Eligible Structure. The determination as to whether this criterion is met or necessary is solely within the reasonable judgment of SBC- 13STATE. 9.8.2 For purposes of this Appendix, “efficiently used" CFA means that at least sixty percent (60%) of the Collocator’s specific type of CFA (cable pairs, coaxial or fiber facilities) requested is currently being used for purpose of interconnecting to SBC-13STATE network for the transmission and routing of telephone exchange service or exchange access. The determination as to whether this criterion is met or the use is necessary is solely within the reasonable judgment of SBC-13STATE. 9.9 Subject to the limitations and restrictions of this Appendix, Collocator may place or install in or on the Physical Collocation Space such fixtures and unpowered facilities as it shall deem desirable for the proper use of the Physical Collocation Space as described above. Personal property, fixtures and unpowered facilities placed by Collocator in the Physical Collocation Space shall not become a part of the Physical Collocation Space, even if nailed, screwed or otherwise fastened to the Physical Collocation Space, but shall retain their status as personal property and may be removed by Collocator at any time. Any damage caused to the Physical Collocation Space by the removal of such property shall be repaired at Collocator’s expense. 9.10 This Appendix and the Collocation provided hereunder is made available subject to and in accordance with Sections 9.10.1, 9.10.2, 9.10.3, and 9.