Common use of First Right of Refusal Clause in Contracts

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Party) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In addition, Qwest will provide CLEC A with Option space information (e.g., Caged and Cageless Optioned space) that may fulfill the requirements of CLEC A’s Collocation Application. At CLEC A’s request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities with the most recent space Option(s) that meets the requirements of CLEC A’s Collocation Application. 8.4.1.8.7.2 The Option Enforcement Notice serves as notification to the Option Party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it’s Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7, within ten (10) calendar days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 Where contiguous space has been Optioned, Qwest will make its best effort to notify CLEC if Qwest requires the use of the contiguous space for itself, its affiliates or CLECs. Upon notification, CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following: 8.4.1.8.7.4.1 Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application application (CLEC A is the requesting Party) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Qwest out of space reporting requirements apply to the Collocation Application application (Sections 8.2.1.11 and 8.2.1.12). In addition, Qwest will provide CLEC A with Option space information (e.g., Caged and Cageless Optioned space) that may fulfill the requirements of CLEC A’s Collocation Applicationapplication. At CLEC A’s request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities Parties with the most recent space Option(s) that meets the requirements of CLEC A’s Collocation Applicationapplication. 8.4.1.8.7.2 The Option Enforcement Notice serves as notification to the Option Party that Qwest is in possession of a valid Collocation Applicationapplication, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it’s Right of First Refusal by submitting either a Collocation Application application as set forth in Section 8.4.1.5, or by submitting the Collocation Space Reservation Application application set forth in Section 8.4.1.7, within ten (10) calendar days Days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Applicationapplication. Once Optioned space has been relinquished for use to fulfill the Collocation Applicationapplication, the standard ordering terms and conditions for ordering Collocation under this Agreement shall apply. 8.4.1.8.7.3 Where contiguous space has been Optioned, Qwest will make its best effort to notify CLEC if Qwest requires Qwest, its Affiliates or CLECs require the use of the CLEC’s contiguous space for itself, its affiliates or CLECsspace. Upon notification, CLEC will have seventy-two seven (727) hours Days to indicate its intent to submit a Collocation Application application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following: 8.4.1.8.7.4.1 a) Space Option Administration Fee is a nonrecurring non-recurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Partyparty) for a Qwest Wire Center in which all available space has been occupied or Optionedoptioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In addition, Qwest will provide CLEC A with Option option space information (e.g., Caged and Cageless Optioned optioned space) that may fulfill the requirements of CLEC A’s 's Collocation Application. At CLEC A’s 's request, Qwest will initiate the Option Enforcement Notice option enforcement notice process by notifying the Option Party option party or Parities parties with the most recent space Option(soption(s) that meets the requirements of CLEC A’s 's Collocation Application. 8.4.1.8.7.2 The Option Enforcement Notice option enforcement notice serves as notification to the Option Party option party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party option party to exercise their its Right of First Refusal, or relinquish their its space Optionoption. The Option Party option party may exercise it’s its Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7, within ten (10) calendar days Days of receipt of the Option Enforcement Noticeoption enforcement notice. This process continues for all Optioned optioned space until all Optioned optioned space is exercised or Optioned optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 Where contiguous space has been Optionedoptioned, Qwest will make its best effort to notify CLEC if Qwest requires Qwest, its Affiliates or other CLECs require the use of the CLEC's contiguous space for itself, its affiliates or CLECsspace. Upon notification, CLEC will have seventy-two seven (727) hours Days to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following: 8.4.1.8.7.4.1 a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.002) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Partyparty) for a Qwest Wire Center in which all available space has been occupied or Optionedoptioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In addition, Qwest will provide CLEC A with Option option space information (e.g., Caged and Cageless Optioned optioned space) that may fulfill the requirements of CLEC A’s 's Collocation Application. At CLEC A’s 's request, Qwest will initiate the Option Enforcement Notice option enforcement notice process by notifying the Option Party option party or Parities parties with the most recent space Option(soption(s) that meets the requirements of CLEC A’s 's Collocation Application. 8.4.1.8.7.2 The Option Enforcement Notice option enforcement notice serves as notification to the Option Party option party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party option party to exercise their its Right of First Refusal, or relinquish their its space Optionoption. The Option Party option party may exercise it’s its Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7, within ten (10) calendar days Days of receipt of the Option Enforcement Noticeoption enforcement notice. This process continues for all Optioned optioned space until all Optioned optioned space is exercised or Optioned optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 Where contiguous space has been Optionedoptioned, Qwest will make its best effort to notify CLEC if Qwest requires Qwest, its Affiliates or other CLECs require the use of the CLEC's contiguous space for itself, its affiliates or CLECsspace. Upon notification, CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following: 8.4.1.8.7.4.1 a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Partyparty) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12)Application. In addition, Qwest will provide CLEC A with Option space information (e.g., Caged and Cageless Optioned space) that may fulfill the requirements of the CLEC A’s Collocation Application. At CLEC A’s request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities with the most recent space Option(s) that meets the requirements of CLEC A’s Collocation Application. 8.4.1.8.7.2 The Option Enforcement Notice serves as notification to the Option Party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it’s Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5this Section, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7this Section, within ten (10) calendar days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 Where contiguous space has been Optioned, Qwest will make its best effort to notify the CLEC if Qwest requires the use of the contiguous space for itself, its affiliates or CLECs. Upon notification, the CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following:. 8.4.1.8.7.4.1 Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Partyparty) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 8.4.1.9.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12)Application. In addition, Qwest will provide CLEC A with Option space information (e.g., Caged and Cageless Optioned space) that may fulfill the requirements of the CLEC A’s Collocation Application. At CLEC A’s request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities with the most recent space Option(s) that meets the requirements of CLEC A’s Collocation Application. 8.4.1.8.7.2 8.4.1.9.7.2 The Option Enforcement Notice serves as notification to the Option Party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it’s Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5this Section, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7this Section, within ten (10) calendar days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 8.4.1.9.7.3 Where contiguous space has been Optioned, Qwest will make its best effort to notify the CLEC if Qwest requires the use of the contiguous space for itself, its affiliates or CLECs. Upon notification, the CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 8.4.1.9.7.4 The rate elements for the Collocation Space Option are comprised of the following: 8.4.1.8.7.4.1 a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Party) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12). In addition, Qwest will provide CLEC A with Option space information (e.g., Caged and Cageless Optioned space) that may fulfill the requirements of CLEC A’s Collocation Application. At CLEC A’s request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities with the most recent space Option(s) that meets the requirements of CLEC A’s Collocation Application. 8.4.1.8.7.2 The Option Enforcement Notice serves as notification to the Option Party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it’s Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7, within ten (10) calendar days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 Where contiguous space has been Optioned, Qwest will make its best effort to notify CLEC if Qwest requires the use of the contiguous space for itself, its affiliates Affiliates or CLECs. Upon notification, CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 The rate elements for the Collocation Space Option are comprised of the following: 8.4.1.8.7.4.1 a) Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 b) Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.

First Right of Refusal. If Qwest receives a valid Collocation Application (CLEC A is the requesting Partyparty) for a Qwest Wire Center in which all available space has been occupied or Optioned, the following provisions for First Right of Refusal will apply: 8.4.1.8.7.1 8.4.1.9.7.1 All Qwest out of space reporting requirements apply to the Collocation Application (Sections 8.2.1.11 and 8.2.1.12)Application. In addition, Qwest will provide CLEC A with Option space information (e.g., Caged and Cageless Optioned space) that may fulfill the requirements of the CLEC A’s Collocation Application. At CLEC A’s request, Qwest will initiate the Option Enforcement Notice process by notifying the Option Party or Parities with the most recent space Option(s) that meets the requirements of CLEC A’s Collocation Application. 8.4.1.8.7.2 8.4.1.9.7.2 The Option Enforcement Notice serves as notification to the Option Party that Qwest is in possession of a valid Collocation Application, and calls for the Option Party to exercise their Right of First Refusal, or relinquish their space Option. The Option Party may exercise it’s Right of First Refusal by submitting either a Collocation Application as set forth in Section 8.4.1.5this Section, or by submitting the Collocation Space Reservation Application set forth in Section 8.4.1.7this Section, within ten (10) calendar days of receipt of the Option Enforcement Notice. This process continues for all Optioned space until all Optioned space is exercised or Optioned space is relinquished (affirmatively by CLEC or upon expiration of the notice period, whichever is earlier) to fulfill the Collocation Application. Once Optioned space has been relinquished for use to fulfill the Collocation Application, the standard ordering terms and conditions for Collocation shall apply. 8.4.1.8.7.3 8.4.1.9.7.3 Where contiguous space has been Optioned, Qwest will make its best effort to notify the CLEC if Qwest requires the use of the contiguous space for itself, its affiliates or CLECs. Upon notification, the CLEC will have seventy-two (72) hours to indicate its intent to submit a Collocation Application or Collocation Reservation. CLEC may choose to terminate the contiguous space Option or continue without the contiguous provision. 8.4.1.8.7.4 8.4.1.9.7.4 The rate elements for the Collocation Space Option are comprised of the following:. 8.4.1.8.7.4.1 8.4.1.9.7.4.1 Space Option Administration Fee is a nonrecurring fee for all Collocation Space Option requests and covers the processing of application, feasibility, common space engineering, records management, and administration of the First Right of Refusal process. 8.4.1.8.7.4.2 8.4.1.9.7.4.2 Space Option Fee is a monthly recurring fee that will be charged based upon the amount of space being optioned, at two dollars ($2.00) per square foot per month.