Common use of Maintenance and Testing Clause in Contracts

Maintenance and Testing. 10.5.5.1 Sprint is only responsible for maintaining the facilities that it owns. 10.5.5.2 Sprint will conduct an end-to-end test of Dark Fiber after receipt of the firm order. 10.5.5.3 For meet point arrangements, Sprint will conduct cooperative testing with another carrier at CLEC’s request. Additional rates and charges will apply. 10.5.5.4 Sprint does not guarantee that the transmission characteristics of the Dark Fiber will remain unchanged over time. 10.5.5.5 Sprint is not responsible for determining whether the transmission characteristics of the Dark Fiber will accommodate the CLEC requirements. 10.5.6 Rules for Take Back 10.5.6.1 Sprint reserves the right to take back Dark Fiber to meet its carrier of last resort obligations. 10.5.6.2 Sprint will provide CLEC twelve (12) months written notice prior to taking back fiber. 10.5.6.3 If multiple CLECs have leased fiber within a single sheath, Sprint will take back the fiber that was the last to be leased. 10.5.6.4 Sprint will provide the CLEC with alternative transport arrangements when Sprint takes back working fiber. 10.5.6.5 The Dispute Resolution Procedures found in Part B of this Agreement will be followed if CLEC wishes to contest Sprint’s decision to take back its leased fiber.