Use of Collocation Space. 7.1 Subject to § 7.13 below, Alliance Connect shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Alliance Connect shall not use the Collocation Space for office, retail, or sales purposes. Alliance Connect shall place no signs or markings of any kind (except for a plaque or other identification affixed to Alliance Connect’s equipment and reasonably necessary to identify Alliance Connect’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building. 7.2 Alliance Connect is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Alliance Connect in the Collocation Space. 7.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Alliance Connect when access to the Collocation Space is required. Alliance Connect may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Alliance Connect will not bear any of the expense associated with this work. 7.4 Alliance Connect Access to Alliance Connect’s Collocation Space Alliance Connect shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Alliance Connect to traverse restricted areas. All employees, agents and contractors of Alliance Connect having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Alliance Connect agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Alliance Connect shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Alliance Connect except for ordinary wear and tear. 7.5 Alliance Connect must submit an application listing all of Alliance Connect’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Alliance Connect warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Alliance Connect shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream. 7.6 In the event that subsequent to the execution of this Attachment Alliance Connect desires to place in the Collocation Space any equipment or facilities not set forth on the application, Alliance Connect shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description. 7.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities. 7.8 Alliance Connect shall indicate its intent to proceed with equipment installation in a Windstream Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a request to: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. A Collocation Application Form requires Alliance Connect to complete the Application/Inquiry process described in § 7.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 15.0, following. The Collocation Application Form must be received by Windstream no later than thirty (30) days after Windstream’s response to Alliance Connect’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form and all applicable fees. 7.9 Alliance Connect shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Alliance Connect of delays. Alliance Connect agrees Windstream shall not be liable to Alliance Connect for delays in providing possession of the Collocation Space. 7.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet. 7.11 Alliance Connect equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited. 7.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment. 7.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 15.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 15.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections. 7.14 Subject to this Attachment, Alliance Connect may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Alliance Connect in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Alliance Connect at any time. Alliance Connect shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense. 7.15 In no case shall Alliance Connect or any person purporting to be acting through or on behalf of Alliance Connect make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by Alliance Connect, provided that Windstream shall have the right to reject or modify any such request. Alliance Connect shall pay the cost of any such construction in accordance with Windstream’s then-standard custom work order process.
Appears in 1 contract
Sources: Interconnection Agreement
Use of Collocation Space. 7.1 6.1 Subject to § 7.13 6.13 below, Alliance Connect KMC shall only use the Collocation Space for purposes of locating equipment and facilities within WindstreamALLTEL’s central offices to connect with Windstream ALLTEL services only. Consistent with the nature of the Building and the environment of the Collocation Space, Alliance Connect KMC shall not use the Collocation Space for office, retail, or sales purposes. Alliance Connect KMC shall place no signs or markings of any kind (except for a plaque or other identification affixed to Alliance ConnectKMC’s equipment and reasonably necessary to identify Alliance ConnectKMC’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building.
7.2 Alliance Connect 6.2 KMC is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Alliance Connect KMC in the Collocation Space.
7.3 6.3 From time to time Windstream ALLTEL may require access to the Collocation Space. Windstream ALLTEL retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream ALLTEL will give reasonable notice to Alliance Connect KMC when access to the Collocation Space is required. Alliance Connect KMC may elect to be present whenever Windstream ▇▇▇▇▇▇ performs work in the Collocation Space. The Parties agree that Alliance Connect KMC will not bear any of the expense associated with this work.
7.4 Alliance Connect 6.4 KMC Access to Alliance ConnectKMC’s Collocation Space Alliance Connect shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Alliance Connect to traverse restricted areas. All employees, agents and contractors of Alliance Connect having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Alliance Connect agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Alliance Connect shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Alliance Connect except for ordinary wear and tear.
7.5 Alliance Connect 6.5 KMC must submit an application listing all of Alliance ConnectKMC’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Alliance Connect KMC warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by WindstreamALLTEL, would be a material breach of this Attachment. Alliance Connect KMC shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of WindstreamALLTEL.
7.6 6.6 In the event that subsequent to the execution of this Attachment Alliance Connect KMC desires to place in the Collocation Space any equipment or facilities not set forth on the application, Alliance Connect KMC shall furnish to Windstream ALLTEL a written list and description of the equipment or facilities. Windstream ALLTEL may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description.
7.7 6.7 The foregoing imposes no obligation upon Windstream ALLTEL to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities.
7.8 Alliance Connect 6.8 KMC shall indicate its intent to proceed with equipment installation in a Windstream an ALLTEL Central Office by submitting the Windstream’s Collocation Application Form. This form may be obtained by sending a request to: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇Bona Fide Firm Order; Exhibit B attached hereto, to ALLTEL. A Collocation Application Form Bona Fide Firm Order requires Alliance Connect KMC to complete the Application/Inquiry process described in § 7.5 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 15.014.0, following. The Collocation Application Form Bona Fide Firm Order must be received by Windstream ALLTEL no later than thirty (30) days after WindstreamALLTEL’s response to Alliance ConnectKMC’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream ALLTEL receives the Collocation Application Form Bona Fide Firm Order and all applicable fees.
7.9 Alliance Connect 6.9 KMC shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream ALLTEL may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream ALLTEL will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Alliance Connect KMC of delays. Alliance Connect KMC agrees Windstream ALLTEL shall not be liable to Alliance Connect KMC for delays in providing possession of the Collocation Space.
7.10 6.10 Pursuant to the terms contained in this Attachment, Windstream ALLTEL shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet.
7.11 Alliance Connect 6.11 KMC equipment or operating practices representing a significant demonstrable technical threat to WindstreamALLTEL’s network or facilities, including the building, is strictly prohibited.
7.12 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream ALLTEL or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment.
7.13 Windstream 6.13 ALLTEL will permit interconnection between two collocated local service providers at the rates specified in § 15.9 14.9 Direct Connection. Windstream ALLTEL will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream ALLTEL will perform the cable pull on a time and materials basis, in addition to the charges specified in § 15.0 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream ALLTEL will not make the physical connection within the local service provider’s collocation node. Windstream ALLTEL will not accept any liability for the cable or the connections and Windstream ALLTEL will not maintain any records concerning these connections.
7.14 6.14 Subject to this Attachment, Alliance Connect KMC may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Alliance Connect KMC in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Alliance Connect KMC at any time. Alliance Connect KMC shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense.
7.15 6.15 In no case shall Alliance Connect KMC or any person purporting to be acting through or on behalf of Alliance Connect KMC make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of WindstreamALLTEL. Windstream ALLTEL shall consider a modification, improvement, addition, repair, or other alteration requested by Alliance ConnectKMC, provided that Windstream ALLTEL shall have the right to reject or modify any such request. Alliance Connect KMC shall pay the cost of any such construction in accordance with WindstreamALLTEL’s then-standard custom work order process.
Appears in 1 contract
Sources: Interconnection Agreement
Use of Collocation Space. 7.1 6.1 Subject to § 7.13 6.13 below, Alliance Connect Core shall only use the Collocation Space for purposes of locating equipment and facilities within Windstream’s central offices to connect with Windstream services only. Consistent with the nature of the Building and the environment of the Collocation Space, Alliance Connect Core shall not use the Collocation Space for office, retail, or sales purposes. Alliance Connect Core shall place no signs or markings of any kind (except for a plaque or other identification affixed to Alliance ConnectCore’s equipment and reasonably necessary to identify Alliance ConnectCore’s equipment and which shall include a list of emergency contacts with telephone numbers) in the Building or on the grounds surrounding the Building.
7.2 Alliance Connect 6.2 Core is solely responsible for the design, engineering, testing, performance, monitoring, maintenance, and repair of the equipment and facilities used by Alliance Connect Core in the Collocation Space.
7.3 6.3 From time to time Windstream may require access to the Collocation Space. Windstream retains the right to access such space for the purpose of making equipment and building modifications (e.g., running, altering or removing racking, ducts, electrical wiring, HVAC, and cables). Windstream will give reasonable notice to Alliance Connect Core when access to the Collocation Space is required. Alliance Connect Core may elect to be present whenever Windstream performs work in the Collocation Space. The Parties agree that Alliance Connect Core will not bear any of the expense associated with this work.
7.4 Alliance Connect 6.4 Core Access to Alliance ConnectCore’s Collocation Space Alliance Connect Core shall have access to its Collocation Space twenty-four (24) hours a day, seven (7) days a week. A security escort will be required at Central Offices where separate, secured ingress and egress are not available and access would require Alliance Connect Core to traverse restricted areas. All employees, agents and contractors of Alliance Connect Core having access to the Collocation Space shall comply with Windstream’s policies and practices pertaining to fire, safety and security, and each such employee, agent or contractor shall display an identification badge issued by Windstream which contains a current photo, the individual's name and company name/logo. Alliance Connect ▇▇▇▇ agrees to comply with all laws, ordinances and regulations affecting the use of the Collocation Space. Upon expiration of this Attachment, Alliance Connect Core shall surrender the Collocation Space to Windstream in the same condition as when first occupied by Alliance Connect Core except for ordinary wear and tear.
7.5 Alliance Connect 6.5 Core must submit an application listing all of Alliance ConnectCore’s telecommunications equipment and facilities that will be placed within the Collocation Space with the associated power requirements, floor loading and heat release of each piece. Alliance Connect Core warrants and represents that the application is complete and accurate and acknowledges that any incompleteness or inaccuracy, which remains uncorrected after thirty (30) days’ notification by Windstream, would be a material breach of this Attachment. Alliance Connect Core shall not place or leave any telecommunications equipment or facilities within the Collocation Space beyond those listed on the application without the express written consent of Windstream.
7.6 6.6 In the event that subsequent to the execution of this Attachment Alliance Connect Core desires to place in the Collocation Space any equipment or facilities not set forth on the application, Alliance Connect Core shall furnish to Windstream a written list and description of the equipment or facilities. Windstream may provide such written consent or may condition any such consent on additional charges arising from the request, including any engineering design charges and any additional requirements such as power and environmental requirements for such listed and described equipment and/or facilities. Upon the execution by both Parties of a final list and description, including any applicable charges, this Attachment shall be deemed to have been amended to include the terms and conditions of the final list and description.
7.7 6.7 The foregoing imposes no obligation upon Windstream to purchase additional plant or equipment, relinquish used or forecasted space or facilities, to undertake the construction of new quarters or to construct additions to existing quarters in order to satisfy a subsequent request for additional space or the placement of additional equipment or facilities.
7.8 Alliance Connect 6.8 Core shall indicate its intent to proceed with equipment installation in a an Windstream Central Office by submitting the a Bona Fide Firm Order; Exhibit B attached hereto, to Windstream’s Collocation Application Form. This form may be obtained by sending a request to: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. A Collocation Application Form Bona Fide Firm Order requires Alliance Connect Core to complete the Application/Inquiry process described in § 7.5 6.5 preceding, submit an updated Application document based on the outcome of the Application/Inquiry process, and pay all applicable fees referenced in § 15.014.0, following. The Collocation Application Form Bona Fide Firm Order must be received by Windstream no later than thirty (30) days after Windstream’s response to Alliance ConnectCore’s Application/Inquiry. Space preparation for the Collocation Space will not begin until Windstream receives the Collocation Application Form Bona Fide Firm Order and all applicable fees.
7.9 Alliance Connect 6.9 Core shall bare all costs of any renovation or upgrade to Central Office space or support mechanisms which is required to accommodate physical collocation. For this Section, support mechanisms provided by Windstream may include, but not be limited to heating/ventilation/air conditioning (HVAC) equipment, HVAC duct work, cable support structure, fire wall(s), mechanical upgrade, asbestos abatement, ground plane addition, or separate ingress/egress construction. Such renovation or upgrade will be evaluated and the charges assessed on a per Central Office basis. Windstream will make reasonable efforts to provide for occupancy of the Collocation Space on the negotiated date and will advise Alliance Connect Core of delays. Alliance Connect Core agrees Windstream shall not be liable to Alliance Connect Core for delays in providing possession of the Collocation Space.
7.10 6.10 Pursuant to the terms contained in this Attachment, Windstream shall construct an equipment arrangement enclosure in increments of one hundred (100) square feet, with a minimum of one hundred (100) square feet.
7.11 Alliance Connect 6.11 Core equipment or operating practices representing a significant demonstrable technical threat to Windstream’s network or facilities, including the building, is strictly prohibited.
7.12 6.12 Notwithstanding any other provision hereof, the characteristics and methods of operation of any equipment or facilities placed in the Collocation Space shall not interfere with or impair service over any facilities of Windstream or the facilities of any other person or entity located in the building; create hazards for or cause damage to those facilities, the Collocation Space, or the building; impair the privacy of any communications carried in, from, or through the building; or create hazards or cause physical harm to any individual or the public. Any of the foregoing events would be a material breach of this Attachment.
7.13 6.13 Windstream will permit interconnection between two collocated local service providers at the rates specified in § 15.9 14.9 Direct Connection. Windstream will provide nothing more than the labor and physical structure(s) necessary for the local service providers to pull facilities provided by one local service provider from its collocation node to the collocation node of another local service provider. If the local service providers are not located on the same floor, Windstream will perform the cable pull on a time and materials basis, in addition to the charges specified in § 15.0 14.0 of this Attachment. At no time, in connection with such interconnection with other local service providers, will the local service providers be allowed access to any portion of the central office other than the collocation area. Windstream will not make the physical connection within the local service provider’s collocation node. Windstream will not accept any liability for the cable or the connections and Windstream will not maintain any records concerning these connections.
7.14 6.14 Subject to this Attachment, Alliance Connect Core may place or install in or on the Collocation Space such fixtures and equipment as it shall deem desirable for the conduct of business. Personal property, fixtures and equipment placed by Alliance Connect Core in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personality and may be removed by Alliance Connect Core at any time. Alliance Connect Core shall promptly repair any damage caused to the Collocation Space by the removal of such property at its expense.
7.15 6.15 In no case shall Alliance Connect Core or any person purporting to be acting through or on behalf of Alliance Connect Core make any rearrangement, modification, improvement, addition, repair, or other alteration to the Collocation Space or the building without the advance written permission and direction of Windstream. Windstream shall consider a modification, improvement, addition, repair, or other alteration requested by Alliance ConnectCore, provided that Windstream shall have the right to reject or modify any such request. Alliance Connect Core shall pay the cost of any such construction in accordance with Windstream’s then-then- standard custom work order process.
Appears in 1 contract
Sources: Interconnection Agreement