Common use of Performance of Make-ready Work Clause in Contracts

Performance of Make-ready Work. Except as otherwise specifically provided in Section 10.02 and in this section, make-ready work shall be performed by SWBT or by contractors, subcontractors, or other persons acting on SWBT’s behalf and shall be performed by SWBT in accordance with the same time intervals which would be applicable if SWBT were performing the work for itself. (a) Applicant and SWBT will mutually establish and maintain for each SWBT construction district lists of authorized contractors which may be selected by Applicant to perform make-ready work when SWBT’s interval for beginning or completing such make-ready work does not meet Applicant’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that (1) its personnel are qualified to perform such work in accordance with SWBT’s specifications and (2) Applicant meets the financial responsibility (insurance and bonding) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBT’s behalf or the self-insurance requirements of Section 23.02. (b) If SWBT’s interval for beginning or completing make-ready work does not meet Applicant’s needs, Applicant may (1) perform the make-ready work itself, if Applicant is on the applicable list of authorized contractors at the time the work is to be performed or (2) arrange for the work to be performed by an authorized contractor selected by Applicant from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant may also request that SWBT perform the work on an expedited basis; provided, however, that make-ready work will not be performed on an expedited basis unless Applicant first approves any overtime or premium rates or charges associated with performance of the work on an expedited basis. (c) From time to time, additional contractors, subcontractors or other vendors may be jointly approved by Applicant and SWBT to perform specific make- ready work in the event that the work load exceeds the capacity of the authorized contractors on the approved list to perform the make-ready work in a timely manner. (d) Make-ready work performed by Applicant, by an authorized contractor selected by Applicant, or by a contractor, subcontractor, or other vendor jointly approved by the parties under subsection (c) shall be performed in accordance with SWBT’s specifications and in accordance with the same standards and practices which would be followed if such excavation work were being performed by SWBT or SWBT’s contractors. Neither Applicant nor authorized contractors selected by Applicant to perform make-ready work under this section shall conduct such work in any manner which jeopardizes or degrades the integrity of SWBT’s structures or interferes with any existing use of SWBT’s facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from their activities under this section. (e) Nothing contained in this section authorizes Applicant, any authorized contractor selected by Applicant, or any other person acting on Applicant’s behalf to consolidate SWBT’s cables.

Performance of Make-ready Work. Except as otherwise specifically provided in Section 10.02 and in this section, make-ready work shall be performed by SWBT or by contractors, subcontractors, or other persons acting on SWBT’s behalf and shall be performed by SWBT in accordance with the same time intervals which would be applicable if SWBT were performing the work for itself. (a) Applicant and SWBT will mutually establish and maintain for each SWBT construction district lists of authorized contractors which may be selected by Applicant to perform make-ready work when SWBT’s interval for beginning or completing such make-ready work does not meet Applicant’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that (1) its personnel are qualified to perform such work in accordance with SWBT’s specifications and (2) Applicant meets the financial responsibility (insurance and bonding) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBT’s behalf or the self-insurance requirements of Section 23.02. (b) If SWBT’s interval for beginning or completing make-ready work does not meet Applicant’s needs, Applicant may (1) perform the make-ready work itself, if Applicant is on the applicable list of authorized contractors at the time the work is to be performed or (2) arrange for the work to be performed by an authorized contractor selected by Applicant from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant may also request that SWBT perform the work on an expedited basis; provided, however, that make-make- ready work will not be performed on an expedited basis unless Applicant first approves any overtime or premium rates or charges associated with performance of the work on an expedited basis. (c) From time to time, additional contractors, subcontractors or other vendors may be jointly approved by Applicant and SWBT to perform specific make- make-ready work in the event that the work load exceeds the capacity of the authorized contractors on the approved list to perform the make-ready work in a timely manner. (d) Make-ready work performed by Applicant, by an authorized contractor selected by Applicant, or by a contractor, subcontractor, or other vendor jointly approved by the parties under subsection (c) shall be performed in accordance with SWBT’s specifications and in accordance with the same standards and practices which would be followed if such excavation work were being performed by SWBT or SWBT’s contractors. Neither Applicant nor authorized contractors selected by Applicant to perform make-ready work under this section shall conduct such work in any manner which jeopardizes or degrades the integrity of SWBT’s structures or interferes with any existing use of SWBT’s facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from their activities under this section. (e) Nothing contained in this section authorizes Applicant, any authorized contractor selected by Applicant, or any other person acting on Applicant’s behalf to consolidate SWBT’s cables.

Performance of Make-ready Work. Except as otherwise specifically provided in Section 10.02 and in this section, make-ready work shall be performed by SWBT SBC MISSOURI or by contractors, subcontractors, authorized contractors or other persons acting on SWBTSBC MISSOURI’s behalf and shall be performed by SWBT SBC MISSOURI in accordance with the same time intervals which would be applicable if SWBT SBC MISSOURI were performing the work for itself. (a) Applicant CLEC and SWBT SBC MISSOURI will mutually establish and maintain for each SWBT construction district lists a list of authorized contractors which who may be selected by Applicant CLEC to perform make-ready work when SWBTSBC MISSOURI’s interval for beginning or completing such make-make ready work does not meet ApplicantCLEC’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that (1) its personnel are qualified to perform such work in accordance with SWBT’s specifications and (2) Applicant meets the financial responsibility (insurance and bonding) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBT’s behalf or the self-insurance requirements of Section 23.02. (b) If SWBTSBC MISSOURI’s interval for beginning or completing make-ready work does not meet ApplicantCLEC’s needs, Applicant may (1) CLEC may, as an authorized contractor, perform the make-ready work itself, if Applicant is on the applicable list of authorized contractors at the time the work is to be performed itself or (2) arrange for the work to be performed by an authorized contractor selected by Applicant CLEC from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant CLEC may also request that SWBT SBC MISSOURI perform the work on an expedited basis; provided, however, that make-ready work will not be performed on an expedited basis unless Applicant CLEC first approves any overtime or premium rates or charges associated with performance of the work on an expedited basis. (c) From time to time, additional contractors, subcontractors contractors or other vendors may be jointly approved by Applicant and SWBT SBC MISSOURI to perform specific make- make-ready work in the event that the work load workload exceeds the capacity of the authorized contractors on the approved list to perform the make-ready work in a timely manner. (d) Make-ready work performed by Applicant, by an authorized contractor selected by Applicant, or by a contractor, subcontractor, or other vendor jointly approved by the parties under subsection (c) shall be performed in accordance with SWBT’s specifications and in accordance with the same standards and practices which would be followed if such excavation work were being performed by SWBT or SWBT’s contractors. Neither Applicant nor authorized contractors selected by Applicant to perform make-ready work under this section shall conduct such work in any manner which jeopardizes or degrades the integrity of SWBT’s structures or interferes with any existing use of SWBT’s facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from their activities under this section. (e) Nothing contained in this section authorizes ApplicantCLEC, any authorized contractor selected by ApplicantCLEC, or any other person acting on ApplicantCLEC’s behalf to consolidate SWBTSBC MISSOURI’s cables, remove slack, or perform any splicing (wire work) on SBC KANSAS’ cables.

Performance of Make-ready Work. Except as otherwise specifically provided If it is determined that Make Ready Work will be necessary to accommodate Permittee’s Attachments, Permittee will have forty-five (45) days (the “Acceptance Period”) to either (i) submit payment for the estimated unit costs authorizing the Company to complete the Make Ready Work, in Section 10.02 which case, the Company shall schedule and in this sectioncomplete the Make Ready Work on a nondiscriminatory, commercially-reasonable basis without unreasonable delay, following its receipt of such payment; or (ii) advise the Company of its willingness to perform the proposed make-ready work shall be performed by SWBT or by contractors, subcontractors, or other persons acting on SWBTitself if permissible in the application area. Permittee agrees to pay in advance all of the Company’s behalf and shall be performed by SWBT in accordance with the same time intervals which would be applicable if SWBT were performing the work for itself. (a) Applicant and SWBT will mutually establish and maintain for each SWBT construction district lists of authorized contractors which may be selected by Applicant estimated unit costs to perform make-ready work when SWBTMake Ready Work at Permittee’s interval expense. The total cost for beginning or completing such make-ready work does not meet Applicant’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that (1) its personnel are qualified to perform such work in accordance with SWBT’s specifications and (2) Applicant meets the financial responsibility (insurance and bonding) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBT’s behalf or the self-insurance requirements of Section 23.02. (b) If SWBT’s interval for beginning or completing make-ready work does not meet Applicant’s needs, Applicant may (1) perform the make-ready work itself, if Applicant is reconciled based on the applicable list of authorized contractors Company’s actual costs at the time the work is to be performed or (2) arrange for the work to be performed by an authorized contractor selected by Applicant from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant may also request that SWBT perform the work on an expedited basis; provided, however, that make-ready work will not be performed on an expedited basis unless Applicant first approves any overtime or premium rates or charges associated with performance end of the project. The Company’s estimated unit costs for such work on an expedited basis. (c) From are set forth in Exhibit C. The Company may revise such estimated unit costs, from time to time, additional contractorsupon sixty (60) days’ written notice to Permittee. Alternatively, subcontractors or other vendors may be jointly approved by Applicant and SWBT the Company will at its discretion allow Permittee to perform specific make- ready work in the event that the work load exceeds the capacity of the authorized contractors on the approved list to perform the make-ready work in a timely manner. (d) Make-ready work Make Ready Work at Permittee’s expense. Make Ready Work performed by Applicant, by an authorized contractor selected by ApplicantPermittee, or by a contractor, subcontractor, or other vendor jointly contractor approved by the parties under subsection Company (c“Authorized Contractor”) and selected by Permittee, shall be performed in accordance with SWBTthe Company’s specifications and in accordance with the same standards and practices which that would be followed if such excavation work were being performed by SWBT the Company or SWBTthe Company’s contractors. Neither Applicant Permittee nor authorized contractors Authorized Contractors selected by Applicant to perform make-ready work under this section Permitted shall conduct such work in any manner which jeopardizes or that degrades the integrity of SWBT’s structures Company Space or any equipment or facilities in such Space or in which such Space is located or that interferes with any existing use of SWBT’s any such equipment, facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from Space. Permittee shall make arrangements with third parties who have facilities occupying Company Space regarding reimbursement for any expenses incurred by such third parties in transferring or rearranging their activities under this sectionfacilities and equipment to accommodate the placement of Permittee’s Attachments in the Company Space. (e) Nothing contained in this section authorizes Applicant, any authorized contractor selected by Applicant, or any other person acting on Applicant’s behalf to consolidate SWBT’s cables.

Performance of Make-ready Work. Except as otherwise specifically provided in Section 10.02 and in this section, make-ready work shall be performed by SWBT SBC NEVADA or by authorized contractors, subcontractors, or other persons acting on SWBTSBC NEVADA’s behalf and shall be performed by SWBT SBC NEVADA in accordance with the same time intervals which would be applicable if SWBT SBC NEVADA were performing the work for itself. (a) Applicant AT&T and SWBT SBC NEVADA will mutually establish and maintain for each SWBT construction district lists a list of authorized contractors which who may be selected by Applicant AT&T to perform make-ready work when SWBTSBC NEVADA’s interval for beginning or completing such make-make ready work does not meet ApplicantAT&T’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that (1) its personnel are qualified to perform such work in accordance with SWBT’s specifications and (2) Applicant meets the financial responsibility (insurance and bonding) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBT’s behalf or the self-insurance requirements of Section 23.02. (b) If SWBTSBC NEVADA’s interval for beginning or completing make-ready work does not meet ApplicantAT&T’s needs, Applicant may (1) AT&T may, as an authorized contractor, perform the make-ready work itself, if Applicant is on the applicable list of authorized contractors at the time the work is to be performed itself or (2) arrange for the work to be performed by an authorized contractor selected by Applicant AT&T from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant AT&T may also request that SWBT SBC NEVADA perform the work on an expedited basis; provided, however, that make-ready work will not be performed on an expedited basis unless Applicant AT&T first approves any overtime or premium rates or charges associated with performance of the work on an expedited basis. (c) From time to time, additional contractors, subcontractors or other vendors may be jointly approved by Applicant both AT&T and SWBT SBC NEVADA to perform specific make- make-ready work in the event that the work load workload exceeds the capacity of the authorized contractors on the approved list to perform the make-ready work in a timely manner. (d) Make-ready work performed by Applicant, by an authorized contractor selected by Applicant, or by a contractor, subcontractor, or other vendor jointly approved by the parties under subsection (c) shall be performed in accordance with SWBT’s specifications and in accordance with the same standards and practices which would be followed if such excavation work were being performed by SWBT or SWBT’s contractors. Neither Applicant nor authorized contractors selected by Applicant to perform make-ready work under this section shall conduct such work in any manner which jeopardizes or degrades the integrity of SWBT’s structures or interferes with any existing use of SWBT’s facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from their activities under this section. (e) Nothing contained in this section authorizes ApplicantAT&T, any authorized contractor selected by ApplicantAT&T, or any other person acting on ApplicantAT&T’s behalf to consolidate SWBTSBC NEVADA’s cables, remove slack, or perform any splicing (wire work) on SBC NEVADA’s cables.

Performance of Make-ready Work. Except as otherwise specifically provided in Section 10.02 10.2 and in this section, make-make- ready work shall be performed by SWBT NEVADA or by contractors, subcontractors, or other persons acting on SWBTNEVADA’s behalf and shall be performed by SWBT NEVADA in accordance with the same time intervals which would be applicable if SWBT NEVADA were performing the work for itself. (a) 10.5.1 Applicant and SWBT NEVADA will mutually establish and maintain for each SWBT NEVADA construction district lists of authorized contractors which may be selected by Applicant to perform make-ready work when SWBTNEVADA’s interval for beginning or completing such make-ready work does not meet Applicant’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that that: (1a) its Its personnel are qualified to perform such work in accordance with SWBTNEVADA’s specifications and specifications; and (2b) Applicant meets the financial responsibility (“insurance and bonding”) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBTNEVADA’s behalf or the self-insurance requirements of Section 23.0223.2. (b) 10.5.2 If SWBTNEVADA’s interval for beginning or completing make-ready work does not meet Applicant’s needs, Applicant may may: (1a) perform Perform the make-ready work itself, if Applicant is on the applicable list of authorized contractors at the time the work is to be performed or performed; or (2b) arrange Arrange for the work to be performed by an authorized contractor selected by Applicant from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant may also request that SWBT NEVADA perform the work on an expedited basis; provided, however, that make-ready work will not be performed on an expedited basis unless Applicant first approves any overtime or premium rates or charges associated with performance of the work on an expedited basis. (c) 10.5.3 From time to time, additional contractors, subcontractors or other vendors may be jointly approved by Applicant and SWBT NEVADA to perform specific make- ready work in the event that the work load exceeds the capacity of the authorized contractors on the approved list to perform the make-ready work in a timely manner. (d) 10.5.4 Make-ready work performed by Applicant, by an authorized contractor selected by Applicant, or by a contractor, subcontractor, or other vendor jointly approved by the parties Parties under subsection (c) Section 10.5.3 shall be performed in accordance with SWBTNEVADA’s specifications and in accordance with the same standards and practices which would be followed if such excavation work were being performed by SWBT NEVADA or SWBTNEVADA’s contractors. Neither Applicant nor authorized contractors selected by Applicant to perform make-ready work under this section shall conduct such work in any manner which jeopardizes or degrades the integrity of SWBTNEVADA’s structures or interferes with any existing use of SWBTNEVADA’s facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT NEVADA harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from their activities under this section. (e) 10.5.5 Nothing contained in this section authorizes Applicant, any authorized contractor selected by Applicant, or any other person acting on Applicant’s behalf to consolidate SWBTNEVADA’s cables.

Performance of Make-ready Work. Except as otherwise specifically provided in Section 10.02 and in this sectionIf Make Ready Work is required to accommodate Attacher’s Attachments, make-ready Pole Owner or its contractors will perform such work shall be performed by SWBT or by contractors, subcontractors, or other persons acting on SWBT’s behalf and shall be performed by SWBT in accordance with pursuant to the same time intervals which would be applicable if SWBT were performing the work for itself.following terms: (a) Applicant Pole Owner shall, on the basis of the Application and SWBT will mutually establish associated construction plans and maintain drawings, submit to Attacher within the period described in Section 5.4 hereof, a Make Ready Estimate (based on Pole Owner’s method of computing costs, which shall follow generally accepted accounting principles) for each SWBT construction district lists of authorized contractors all Make Ready Work which may be selected by Applicant to perform make-ready work when SWBT’s interval required for beginning or completing each Pole., including an estimated completion date for such make-ready work does not meet Applicant’s needs. At Applicant’s request, Applicant will be included on such lists upon Applicant’s demonstrating that (1) its personnel are qualified to perform such work in accordance with SWBT’s specifications and (2) Applicant meets the financial responsibility (insurance and bonding) requirements generally applicable to contractors, subcontractors, and other vendors performing the same or similar work on SWBT’s behalf or the self-insurance requirements of Section 23.02Make Ready Work. (b) If SWBT’s interval for beginning or completing make-ready work does not meet Applicant’s needs, Applicant may (1) perform the make-ready work itself, if Applicant is on the applicable list of authorized contractors at the time the work is Pole Owner shall transmit to be performed or (2) arrange for the work to be performed by an authorized contractor selected by Applicant from the applicable list of authorized contractors. Subject to the availability of personnel, Applicant may also request that SWBT perform the work on an expedited basis; provided, however, that make-ready work will not be performed on an expedited basis unless Applicant first approves any overtime or premium rates or charges associated with performance Attacher detail of the work on necessary Make Ready Work, together with an expedited basisestimate of the cost of the Make Ready Work. Pole Owner shall require Attacher to pay the amount identified in the Make Ready Estimate prior to performing any Make Ready Work. (c) From time Upon notice pursuant to timeExhibit F that the Make Ready Estimate has been accepted and payment has been submitted by Attacher to Pole Owner, additional contractors, subcontractors or other vendors may be jointly approved Pole Owner shall proceed with the Make Ready Work covered by Applicant and SWBT the Make Ready Estimate. Pole Owner shall undertake commercially reasonable efforts to perform specific make- ready complete this work by the estimated completion date but does not guarantee completion by such date. In the event Pole Owner does not complete Make Ready by the date stated in the event that joint call or joint field meeting, Attacher may invoke the work load exceeds self-help remedy pursuant to 47 CFR §1.1411(i)(2) unless given 5.5(a) ’s provision for deviation from time limits for good and sufficient cause. Nothing shall preclude the capacity of Parties from making other mutually agreeable arrangements for contracting for or otherwise accomplishing the authorized contractors on the approved list to perform the make-ready work in a timely mannernecessary Make Ready Work. (d) Upon completion of all Make Ready Work, if the actual Make Ready Costs exceed the Make Ready Estimate by an amount greater than ten percent (10%), Pole Owner shall invoice Attacher for the difference and provide an itemized statement for the actual/incremental Make Ready Costs, and Attacher shall promptly make payment to Pole Owner. If the actual Make-ready work performed by ApplicantReady Costs are ninety percent (90%) or less of the Make Ready Estimate, by an authorized contractor selected by Applicant, or by Pole Owner shall promptly refund to Attacher a contractor, subcontractor, or other vendor jointly approved by credit for the parties under subsection (c) shall be performed in accordance with SWBT’s specifications difference between the Make Ready Estimate and in accordance with the same standards and practices which would be followed if such excavation work were being performed by SWBT or SWBT’s contractors. Neither Applicant nor authorized contractors selected by Applicant to perform make-ready work under this section shall conduct such work in any manner which jeopardizes or degrades the integrity of SWBT’s structures or interferes with any existing use of SWBT’s facilities. Applicant and any authorized contractor selected by Applicant to perform make-ready work shall indemnify, on request defend, and hold SWBT harmless from any and all injuries, losses, damages, claims, or liabilities directly resulting from their activities under this sectionactual Make Ready Costs. (e) Nothing contained in this section authorizes Applicant, any authorized contractor selected by Applicant, or any other person acting on Applicant’s behalf to consolidate SWBT’s cables.