Common use of Reimbursement for the Creation or Use of Additional Capacity Clause in Contracts

Reimbursement for the Creation or Use of Additional Capacity. If any additional capacity is created as a result of Make- Ready Work performed to accommodate Attaching Party’s facilities, Attaching Party shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to AT&T for the use of such additional capacity. If AT&T utilizes additional space or capacity created at Attaching Party’s expense, AT&T will reimburse Attaching Party on a pro-rata basis for AT&T’s share, if any, of Attaching Party’s capacity expansion at the depreciated value of the Structure that was modified, to the extent reimbursement is required by applicable rules, regulations, and commission orders. In order to potentially qualify for such reimbursement, Attaching Party must provide records detailing the costs of the additional capacity, calculated in a way that is reasonable in light of the full costs of the Make-Ready Work. AT&T shall not be required to collect or remit any such amounts to Attaching Party to resolve or adjudicate disputes over reimbursement between Attaching Party and Other Users.

Reimbursement for the Creation or Use of Additional Capacity. If any additional capacity is created as a result of Make- Make-Ready Work performed to accommodate Attaching Party’s facilities, Attaching Party shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to AT&T for the use of such additional capacity. If AT&T utilizes additional space or capacity created at Attaching Party’s expense, AT&T will reimburse Attaching Party on a pro-rata basis for AT&T’s share, if any, of Attaching Party’s capacity expansion at the depreciated value of the Structure that was modified, to the extent reimbursement is required by applicable rules, regulations, and commission orders. In order to potentially qualify for such reimbursement, Attaching Party must provide records detailing the costs of the additional capacity, calculated in a way that is reasonable in light of the full costs of the Make-Ready Work. AT&T will reasonably attempt to notify the Attaching Party if AT&T attaches facilities to such additional capacity on AT&T’s Structure created at the Attaching Party’s expense, if Attaching Party has sufficiently identified and marked such additional capacity. AT&T shall not be required to collect or remit any such amounts to Attaching Party Party, to resolve or adjudicate disputes over reimbursement between Attaching Party and Other Users. .