Common use of Termination of Occupancy Clause in Contracts

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., may terminate occupancy in a particular Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. BellSouth may terminate ALEC Inc.,’s right to occupy the Collocation Space in the event ALEC Inc., fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., at its expense shall remove its equipment and other property from the Collocation Space. ALEC Inc., shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,’s Guests, unless CLEC’s Guest has assumed responsibility for the collocation space housing the Guest’s equipment and executed the documentation required by BellSouth prior to such removal date. ALEC Inc., shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,’s Guest, has fully vacated the Collocation Space. Should ALEC Inc., or ALEC Inc.,’s Guest fail to vacate the Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., or ALEC Inc.,’s Guest at ALEC Inc.,’s expense and with no liability for damage or injury to ALEC Inc., or ALEC Inc.,’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of ALEC Inc.,’s right to occupy Collocation Space, ALEC Inc., shall surrender such Collocation Space to BellSouth in the same condition as when first occupied by ALEC Inc., except for ordinary wear and tear, unless otherwise agreed to by the Parties. ALEC Inc., or ALEC Inc.,’s BellSouth Certified Vendor shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications including but not limited to Central Office Record Drawings, ▇▇▇▇, TIRKS, LFACS, LMOS, COSMOS, and TEOSPS DSX Records. ALEC Inc., shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits, etc.), at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., may terminate occupancy in a particular Collocation Space Remote Site Location by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. BellSouth may terminate ALEC Inc.,’s right to occupy the Collocation Space in the event ALEC Inc., fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,’s Guests, unless CLEC’s Guest has assumed responsibility for the collocation space housing the Guest’s equipment and executed the documentation required by BellSouth prior to such removal date. ; provided, however, that ALEC Inc., shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,, and if applicable ALEC Inc.,’s Guest, has fully vacated the Remote Collocation Space. Should ALEC Inc., or ALEC Inc.,’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., or ALEC Inc.,’s Guest at ALEC Inc.,’s expense and with no liability for damage or injury to ALEC Inc., or ALEC Inc.,’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of ALEC Inc.,’s right occupancy with respect to occupy a Remote Collocation Space, ALEC Inc., shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by the ALEC Inc., except for ordinary wear and tear, tear unless otherwise agreed to by the Parties. ALEC Inc., or ALEC Inc.,’s BellSouth Certified Vendor shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications including but not limited to Central Office Record Drawings, ▇▇▇▇, TIRKS, LFACS, LMOS, COSMOS, and TEOSPS DSX Records. ALEC Inc., shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits, etc.), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this Agreement, ALEC Inc., WebShoppe may terminate occupancy in a particular Collocation Space Remote Site Location by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. BellSouth may terminate ALEC Inc.,’s right to occupy the Collocation Space in the event ALEC Inc., fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., WebShoppe at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., WebShoppe shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,WebShoppe’s Guests, unless CLECWebShoppe’s Guest has assumed responsibility for the collocation space housing the Guest’s equipment and executed the documentation required by BellSouth prior to such removal date. ALEC Inc.; provided, however, that WebShoppe shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,WebShoppe, and if applicable ALEC Inc.,WebShoppe’s Guest, has fully vacated the Remote Collocation Space. Should ALEC Inc., WebShoppe or ALEC Inc.,WebShoppe’s Guest fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC Inc., WebShoppe or ALEC Inc.,WebShoppe’s Guest at ALEC Inc.,WebShoppe’s expense and with no liability for damage or injury to ALEC Inc., WebShoppe or ALEC Inc.,WebShoppe’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of ALEC Inc.,’s right occupancy with respect to occupy a Remote Collocation Space, ALEC Inc., WebShoppe shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by ALEC Inc., the WebShoppe except for ordinary wear and tear, tear unless otherwise agreed to by the Parties. ALEC Inc., or ALEC Inc.,’s BellSouth Certified Vendor shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications including but not limited to Central Office Record Drawings, ▇▇▇▇, TIRKS, LFACS, LMOS, COSMOS, and TEOSPS DSX Records. ALEC Inc., WebShoppe shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits, etc.), of a Remote Site Adjacent Arrangement at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination Termination of occupancy Occupancy in this AgreementAttachment, ALEC Inc.Termination of Occupancy may occur in the following circumstances: 4.3.1 NOS Communications, Inc. may terminate occupancy in a particular Collocation Space by submitting a Subsequent Application requesting termination of occupancy. A Subsequent Application Fee will not apply for termination of occupancy. BellSouth may terminate ALEC Inc.,’s right to occupy the Collocation Space in the event ALEC Inc., fails to comply with any provision of this Agreement. 4.2.1 4.3.2 Upon termination of such occupancy, ALEC Inc.NOS Communications, Inc. at its expense shall remove its equipment and other property from the Collocation Space. ALEC Inc.NOS Communications, Inc. shall have thirty (30) calendar days from the termination date to complete such removal, including the removal of all equipment and facilities of ALEC NOS Communications, Inc.,’s Guests, unless CLEC’s Guest guest has assumed responsibility for the collocation space housing the Guest’s guest equipment and executed the documentation required by BellSouth prior to such removal date. ALEC Inc.NOS Communications, Inc. shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,NOS Communications, and if applicable ALEC Inc.,’s Guest, Inc. has fully vacated the Collocation Space. Should ALEC NOS Communications, Inc. or NOS Communications, Inc., or ALEC Inc.,’s Guest fail to vacate the Collocation Space within thirty (30) calendar days from the termination date, BellSouth shall have the right to remove the equipment and other property of ALEC NOS Communications, Inc. or NOS Communications, Inc., or ALEC Inc.,’s Guest at ALEC NOS Communications, Inc.,’s expense and with no liability for damage or injury to ALEC NOS Communications, Inc. or NOS Communications, Inc., or ALEC Inc.,’s Guest’s property unless caused by the gross negligence or intentional misconduct of BellSouth. Upon termination of ALEC NOS Communications, Inc.,’s right to occupy Collocation Space, ALEC Inc.NOS Communications, Inc. shall surrender such Collocation Space to BellSouth in the same condition as when first occupied by ALEC Inc.NOS Communications, Inc. except for ordinary wear and tear, unless otherwise agreed to by the Parties. ALEC Inc.NOS Communications, or ALEC Inc.,’s BellSouth Certified Vendor shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications including but not limited to Central Office Record Drawings, ▇▇▇▇, TIRKS, LFACS, LMOS, COSMOS, and TEOSPS DSX Records. ALEC Inc., Inc. shall be responsible for the cost of removing any enclosure, together with all support structures (e.g., racking, conduits, etc.), at the termination of occupancy and restoring the grounds to their original condition.

Termination of Occupancy. In addition to any other provisions addressing termination of occupancy in this AgreementAttachment, ALEC Inc., ALCALL may terminate occupancy in a particular Remote Collocation Space by submitting a Subsequent an Application requesting termination of occupancy; such termination shall be effective upon BellSouth’s acceptance of the Space Relinquishment Form. A Subsequent Billing for monthly recurring charges will cease on the date ALCALL and BellSouth conduct an inspection of the terminated space and jointly sign off on the Space Relinquishment Form or on the date that ALCALL signs off on the Space Relinquishment Form and sends the form to BellSouth if a subsequent inspection of the terminated space by BellSouth reveals no discrepancies. If the subsequent inspection by BellSouth reveals discrepancies, billing will cease on the date that BellSouth and ALCALL jointly conduct an inspection which confirms that ALCALL has corrected the discrepancies. An Application Fee will not apply for termination of occupancy. BellSouth may terminate ALEC Inc.,ALCALL’s right to occupy the Remote Collocation Space in the event ALEC Inc., ALCALL fails to comply with any provision of this Agreement. 4.2.1 Upon termination of occupancy, ALEC Inc., ALCALL at its expense shall remove its equipment and other property from the Remote Collocation Space. ALEC Inc., ALCALL shall have thirty (30) calendar days from the termination date Bona Fide Firm Order (“BFFO”) Application Date (“Termination Date”) to complete such removal, including the removal of all equipment and facilities of ALEC Inc.,ALCALL’s GuestsGuest(s), unless CLECALCALL’s Guest Guest(s) has assumed responsibility for the collocation space Remote Collocation Space housing the GuestGuest(s)’s equipment and executed the documentation required by BellSouth prior to such removal date. ALEC Inc., ALCALL shall continue payment of monthly fees to BellSouth until such date as ALEC Inc.,ALCALL, and if applicable ALEC Inc.,ALCALL’s GuestGuest(s), has fully vacated the Remote Collocation SpaceSpace and the Space Relinquish Form has been accepted by BellSouth. Should ALEC Inc., ALCALL or ALEC Inc.,ALCALL’s Guest Guest(s) fail to vacate the Remote Collocation Space within thirty (30) calendar days from the termination dateTermination Date, BellSouth shall have the right to remove the equipment and dispose of the equipment and other property of ALEC Inc.ALCALL or ALCALL’s Guest(s), or ALEC Inc.,’s Guest in any manner that BellSouth deems fit, at ALEC Inc.,ALCALL’s expense and with no liability whatsoever for damage ALCALL’s or injury to ALEC Inc., or ALEC Inc.,ALCALL’s GuestGuest(s)’s property unless caused by the gross negligence or intentional misconduct of BellSouthproperty. Upon termination of ALEC Inc.,ALCALL’s right to occupy Remote Collocation Space, ALEC Inc.the Remote Collocation Space will revert back to BellSouth, and ALCALL shall surrender such Remote Collocation Space to BellSouth in the same condition as when first occupied by ALEC Inc., the ALCALL except for ordinary wear and tear, tear unless otherwise agreed to by the Parties. ALEC Inc., or ALEC Inc.,For CEVs and huts ALCALL’s BellSouth Certified Vendor Supplier shall be responsible for updating and making any necessary changes to BellSouth’s records as required by BellSouth’s guidelines and specifications Specifications including but not limited to Central Office Record Drawings, Drawings and ▇▇▇▇, TIRKS, LFACS, LMOS, COSMOS, and TEOSPS DSX ▇ Records. ALEC Inc., ALCALL shall be responsible for the cost of removing any ALCALL constructed enclosure, together with all support structures (e.g., racking, conduits, etc.or power cables), at the termination of occupancy and restoring the grounds to their original condition.