Common use of Opening of Manholes and Access to Conduit Clause in Contracts

Opening of Manholes and Access to Conduit. The following requirements apply to the opening of SWBT’s manholes and access to SWBT’s conduit system. (a) Applicant will notify SWBT not less than 48 hours in advance before entering SWBT’s conduit system to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the parties. The notice shall state the general nature of the work to be performed. As a courtesy, Applicant shall, when feasible, provide SWBT with 10 working days advance notice before entering SWBT’s conduit system. SWBT shall, within 10 working days after the effective date of this Agreement, advise Applicant of the manner in which notices required by this section shall be given. (b) An authorized employee or representative of SWBT may be present as a construction inspector at any time when Applicant or personnel acting on Applicant’s behalf enter or perform work within SWBT’s conduit system. Such inspectors may inspect the performance and quality of the work and monitor the work for compliance with the terms, conditions, and specifications of this Agreement or, in the case of facilities modification, capacity expansion or make-ready work, the plans and specifications of the facilities modification, capacity expansion, or make-ready project. When SWBT inspectors are present, Applicant and its contractors shall have sole authority, responsibility, and control over the method or manner by which the work is to be performed. SWBT’s inspectors may call violations to Applicant’s attention but shall have no authority to direct or advise Applicant or personnel acting on Applicant’s behalf concerning the method or manner by which the work is to be performed; provided, however, that nothing contained in this subsection shall relieve Applicant from complying with any requirements of this Agreement. (c) The parties contemplate that Applicant may need to perform operations in SWBT’s conduit system other than during normal business hours and may on occasion require access to manholes on shorter notice than contemplated in subsection (a) above. Under these circumstances, Applicant shall notify SWBT as soon as is reasonably possible of its intent to enter and perform work in the conduit system and SWBT shall not, without due cause and justification, insist on literal compliance with scheduling requirements of subsection (a). SWBT will establish procedures enabling SWBT to receive notices from Applicant under this subsection 24 hours a day, seven days a week. (d) Each party must obtain any necessary authorization from appropriate authorities to open manholes for such party’s own conduit work and operations therein. (e) Applicant shall reimburse SWBT for costs associated with the presence of construction inspectors only as specified in APPENDIX I and only as permitted by applicable laws, rules, regulations, and commission orders. SWBT shall not charge Applicant for more than one such construction inspector per site at any given time. (f) If the presence of SWBT personnel at the site is requested by Applicant or, in Applicant’s opinion, is integral to successful completion of the work, Applicant shall pay the costs of having such personnel present.

Opening of Manholes and Access to Conduit. The following requirements apply to the opening of SWBTSBC MISSOURI’s manholes and access to SWBTSBC MISSOURI’s conduit system. (a) Applicant CLEC will notify SWBT SBC MISSOURI not less than 48 hours 5 business days in advance before entering SWBTSBC MISSOURI’s conduit system to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the parties. The notice shall state the general nature of the work to be performed. As a courtesy, Applicant CLEC shall, when feasible, provide SWBT SBC MISSOURI with 10 working days advance notice before entering SWBTSBC MISSOURI’s conduit system. SWBT shall, within 10 working days after the effective date of this Agreement, advise Applicant of the manner in which notices required by this section shall be given. (b) An authorized employee or representative of SWBT may be present as a construction inspector at any time when Applicant or personnel acting on Applicant’s behalf enter or perform work within SWBT’s conduit system. Such inspectors may inspect the performance and quality of the work and monitor the work for compliance with the terms, conditions, and specifications of this Agreement or, in the case of facilities modification, capacity expansion or make-ready work, the plans and specifications of the facilities modification, capacity expansion, or make-ready project. When SWBT inspectors are present, Applicant and its contractors shall have sole authority, responsibility, and control over the method or manner by which the work is to be performed. SWBT’s inspectors may call violations to Applicant’s attention but shall have no authority to direct or advise Applicant or personnel acting on Applicant’s behalf concerning the method or manner by which the work is to be performed; provided, however, that nothing contained in this subsection shall relieve Applicant from complying with any requirements of this Agreement. (c) The parties contemplate that Applicant CLEC may need to perform operations in SWBTSBC MISSOURI’s conduit system other than during normal business hours and may on occasion occasionally require access to manholes on shorter notice than contemplated in subsection (a) above. Under these circumstances, Applicant CLEC shall notify SWBT SBC MISSOURI as soon as is reasonably possible of its intent to enter and perform work in the conduit system and SWBT SBC MISSOURI shall not, without due cause and justification, insist on literal compliance with the scheduling requirements of subsection (a)) in such circumstances. SWBT SBC MISSOURI will establish procedures enabling SWBT SBC MISSOURI to receive notices from Applicant CLEC under this subsection 24 hours a day, seven days a week. (dc) Each party must obtain any necessary authorization from appropriate authorities to open manholes for such party’s own conduit work and operations therein. (ed) Applicant A single authorized employee or representative of SBC MISSOURI may be present any time when CLEC or personnel acting on CLEC’s behalf enter or perform work within SBC MISSOURI’s conduit system. CLEC shall reimburse SWBT SBC MISSOURI for costs associated with the presence of construction inspectors only as specified in APPENDIX I and only as permitted by applicable laws, rules, regulations, and commission ordersSBC MISSOURI’s authorized employee or representative. SWBT shall not charge Applicant for more than one such construction inspector per site at Each party must obtain any given timenecessary authorization from appropriate authorities to open manholes. (fe) If the presence of SWBT personnel at the site is requested by Applicant or, in Applicant’s opinion, is integral to successful completion of the work, Applicant SBC MISSOURI and CLEC further agree that CLC shall pay to SBC MISSOURI a penalty of $5000.00 for each unauthorized entry into the costs of having such personnel presentconduit system.

Opening of Manholes and Access to Conduit. The following requirements apply to the opening of SWBT’s 's manholes and access to SWBT’s 's conduit system. (a) Applicant will notify SWBT not less than 48 hours in advance before entering SWBT’s 's conduit system to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the parties. The notice shall state the general nature of the work to be performed. As a courtesy, Applicant shall, when feasible, provide SWBT with 10 working days advance notice before entering SWBT’s 's conduit system. SWBT shall, within 10 working days after the effective date of this Agreement, advise Applicant of the manner in which notices required by this section shall be given. (b) An authorized employee or representative of SWBT may be present as a construction inspector at any time when Applicant or personnel acting on Applicant’s 's behalf enter or perform work within SWBT’s 's conduit system. Such inspectors may inspect the performance and quality of the work and monitor the work for compliance with the terms, conditions, and specifications of this Agreement or, in the case of facilities modification, capacity expansion or make-ready work, the plans and specifications of the facilities modification, capacity expansion, or make-ready project. When SWBT inspectors are present, Applicant and its contractors shall have sole authority, responsibility, and control over the method or manner by which the work is to be performed. SWBT’s 's inspectors may call violations to Applicant’s 's attention but shall have no authority to direct or advise Applicant or personnel acting on Applicant’s 's behalf concerning the method or manner by which the work is to be performed; provided, however, that nothing contained in this subsection shall relieve Applicant from complying with any requirements of this Agreement. (c) The parties contemplate that Applicant may need to perform operations in SWBT’s 's conduit system other than during normal business hours and may on occasion require access to manholes on shorter notice than contemplated in subsection (a) above. Under these circumstances, Applicant shall notify SWBT as soon as is reasonably possible of its intent to enter and perform work in the conduit system and SWBT shall not, without due cause and justification, insist on literal compliance with scheduling requirements of subsection (a). SWBT will establish procedures enabling SWBT to receive notices from Applicant under this subsection 24 hours a day, seven days a week. (d) Each party must obtain any necessary authorization from appropriate authorities to open manholes for such party’s 's own conduit work and operations therein. (e) Applicant shall reimburse SWBT for costs associated with the presence of construction inspectors only as specified in APPENDIX I and only as permitted by applicable laws, rules, regulations, and commission orders. SWBT shall not charge Applicant for more than one such construction inspector per site at any given time. (f) If the presence of SWBT personnel at the site is requested by Applicant or, in Applicant’s 's opinion, is integral to successful completion of the work, Applicant shall pay the costs of having such personnel present.

Opening of Manholes and Access to Conduit. The following requirements apply to the opening of SWBTNEVADA’s manholes and access to SWBTNEVADA’s conduit system. (a) 6.11.1 Applicant will notify SWBT NEVADA not less than 48 hours in advance before entering SWBTNEVADA’s conduit system to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the partiesParties. The notice shall state the general nature of the work to be performed. As a courtesy, Applicant shall, when feasible, provide SWBT NEVADA with 10 working days advance notice before entering SWBTNEVADA’s conduit system. SWBT NEVADA shall, within 10 working days after the effective date of this Agreement, advise Applicant of the manner in which notices required by this section shall be given. (b) 6.11.2 An authorized employee or representative of SWBT NEVADA may be present as a construction inspector at any time when Applicant or personnel acting on Applicant’s behalf enter or perform work within SWBTNEVADA’s conduit system. Such inspectors may inspect the performance and quality of the work and monitor the work for compliance with the terms, conditions, and specifications of this Agreement or, in the case of facilities modification, capacity expansion or make-ready work, the plans and specifications of the facilities modification, capacity expansion, or make-ready project. When SWBT NEVADA inspectors are present, Applicant and its contractors shall have sole authority, responsibility, and control over the method or manner by which the work is to be performed. SWBTNEVADA’s inspectors may call violations to Applicant’s attention but shall have no authority to direct or advise Applicant or personnel acting on Applicant’s behalf concerning the method or manner by which the work is to be performed; provided, however, that nothing contained in this subsection shall relieve Applicant from complying with any requirements of this Agreement. (c) 6.11.3 The parties Parties contemplate that Applicant may need to perform operations in SWBTNEVADA’s conduit system other than during normal business hours and may on occasion require access to manholes on shorter notice than contemplated in subsection (a) Section 6.11.1 above. Under these circumstances, Applicant shall notify SWBT NEVADA as soon as is reasonably possible of its intent to enter and perform work in the conduit system and SWBT NEVADA shall not, without due cause and justification, insist on literal compliance with scheduling requirements of subsection (aSection 6.11.1). SWBT NEVADA will establish procedures enabling SWBT NEVADA to receive notices from Applicant under this subsection 24 hours a day, seven days a week. (d) 6.11.4 Each party Party must obtain any necessary authorization from appropriate authorities to open manholes for such partyParty’s own conduit work and operations therein. (e) 6.11.5 Applicant shall reimburse SWBT NEVADA for costs associated with the presence of construction inspectors only as specified in APPENDIX I and only as permitted by applicable laws, rules, regulations, and commission orders. SWBT NEVADA shall not charge Applicant for more than one such construction inspector per site at any given time. (f) 6.11.6 If the presence of SWBT NEVADA personnel at the site is requested by Applicant or, in Applicant’s opinion, is integral to successful completion of the work, Applicant shall pay the costs of having such personnel present.