Common use of Space Reclamation Clause in Contracts

Space Reclamation. 1.5.1 In the event of space exhaust within a BellSouth Premises, BellSouth may include in its documentation for the Petition for Waiver filed with the Commission, any unutilized space in the BellSouth Premises. ACCESS Integrated will be responsible for the justification of unutilized space within its Collocation Space, if the Commission requires such justification. 1.5.2 BellSouth may reclaim unused Collocation Space when a BellSouth central office is at, or near, space exhaustion and ACCESS Integrated cannot demonstrate that ACCESS Integrated will utilize the Collocation Space within a reasonable time. In the event of space exhaust or near exhaust within a BellSouth Premises, BellSouth will provide written notice to ACCESS Integrated requesting that ACCESS Integrated release non-utilized Collocation Space to BellSouth, when one hundred percent (100%) of the Collocation Space in ACCESS Integrated’s collocation arrangement is not being utilized. 1.5.3 Within twenty (20) days of receipt of written notification from BellSouth, ACCESS Integrated shall either: (1) return the non-utilized Collocation Space to BellSouth, in which case ACCESS Integrated shall be relieved of all obligations for charges associated with that portion of the Collocation Space applicable from the date the Collocation Space is returned to BellSouth; or (2) for all states, with the exception of Florida, provide BellSouth with information demonstrating that the Collocation Space will be utilized within twenty-four (24) months from the date ACCESS Integrated accepted the Collocation Space (Acceptance Date) from BellSouth. For Florida, ACCESS Integrated shall provide information to BellSouth demonstrating that the Collocation Space will be utilized within eighteen