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Exhibit 10.17
Paramount
Group, Inc.
ONE WILSHIRE ARCADE IMPERIAL, LTD.
LICENSE AGREEMENT
FOR USE OF TELECOMMUNICATIONS CONDUIT
AND CONDUIT INTERCONNECTION ROOM
PARTIES: ONE WILSHIRE ARCADE IMPERIAL, LTD.,
a California Limited Partnership
▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
("One Wilshire")
UNIVERSAL ACCESS, INC.
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
("Licensee")
DATE: July 6, 1999
PLACE: Los Angeles
ESTIMATED EFFECTIVE DATE September 1, 1999
LICENSE EXPIRATION DATE: August 31, 2009
RECITALS
A. One Wilshire is the owner of the One Wilshire Building, located at
▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the "Building"). One
Wilshire has set aside a portion of the fourth floor of the Building for use as
a special conduit room (the "Conduit Room") and has set aside a portion of the
Building's parking elevator shaft for use as a special conduit shaft (the
"Conduit Shaft"). Additional conduits owned by One Wilshire (the "Extension
Conduits") extend from the base of the Conduit Shaft out of the Building to the
property line of certain property in which Licensee has an ownership or
leasehold interest ("Licensee's Property"). The purpose of the Conduit Room, the
Conduit Shaft, and the Extension Conduits will be to facilitate interconnections
between various telecommunications providers and users who enter license
agreements with One Wilshire for the use of such facilities.
B. Licensee wishes to obtain a license from One Wilshire for use of the
Conduit Room, in common with others, and use of certain conduit space (the
"Connecting Conduit") running from the exterior of ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇ through the
Extension Conduits and the Conduit Shaft to the Conduit Room. One Wilshire is
willing to give Licensee a non-exclusive
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license, revocable by One Wilshire at will under the circumstances described in
Section 6 below, for use of the Conduit Room and the Connecting Conduit on the
terms and conditions set forth below.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. License for Use of Conduit Room and Connecting Conduit. One Wilshire
hereby grants to Licensee a non-exclusive license, revocable by One Wilshire at
will under the circumstances described in Section 6 below, for use of the
Conduit Room and the Connecting Conduit. Such use shall be on the terms and
conditions set forth in this Agreement. Licensee shall have the right to
commence such use on or after the date (the "Effective Date") which is the later
of (a) the "Estimated Effective Date" as shown on page 1; provided Landlord
first makes the Conduit Room (including the "One Wilshire Installations"
assigned to Licensee as described below) and the Connecting Conduit available
for use by Licensee. If for any reason the Conduit Room has not been made
available for Licensee's use or the Connecting Conduit has not been installed by
the Estimated Effective Date, One Wilshire shall have no liability to Licensee
for any reasonable delay. However, in such event, Licensee, as Licensee's sole
and exclusive remedy, shall have no obligation for the Monthly License Fee
described in Section 2 until the Conduit Room has been made available for
Licensee's use, the Connecting Conduit has been installed, and the Effective
Date has occurred. A reasonable delay shall not exceed 30 days from Effective
Date. Any delay which extends beyond the 30 days shall constitute a default by
One Wilshire and Licensee may terminate this Agreement as its sole remedy.
In connection with Licensee's use of the Conduit Room, Licensee shall be
provided with use of the following items ("One Wilshire Installations") in the
Conduit Room in the quantities indicated:
N/A 110 volt AC outlets
1/3 of a 2' by 2' lockable cabinets
N/A backup generator connections for 110 volts AC
N/A 5' by 5' lockable cages
The Connecting Conduit shall run from the property line of Licensee's
Property, on the first basement level below grade, up to and through the Conduit
Shaft to one of Licensee's racks, cages or cabinets in the Conduit Room, as
designated by Licensee. One Wilshire, in its reasonable discretion, shall
designate the precise route of the Connecting Conduit, including which conduit
in the Extension Conduits and the Conduit Shaft shall be used for the Connecting
Conduit. The Connecting Conduit shall consist of conduit in the following
quantities and sizes:
1 1-inch innerduct
N/A 4-inch conduits
Licensee acknowledges that other tenants and licensees will also be
using similar One Wilshire Installations in the Conduit Room. Licensee agrees to
use the Conduit Room only for the purpose of facilitating interconnections
between Licensee's telecommunications system and the telecommunications systems
of other tenants and licensees of One Wilshire who reserve One Wilshire
Installations in the Conduit Room and who consent in writing to such an
interconnection. Licensee agrees not to store, install or use any equipment,
conduit, cable, wiring, connecting lines or other property of Licensee in the
Conduit Room for any other purpose. Licensee shall cooperate in keeping the
Conduit Room locked and in restricting access to the Conduit Room to employees,
contractors and other persons who need access in order to facilitate such
interconnections. In no event shall Licensee cause (or permit its employees,
representatives, contractors or invitees to cause) any interference with or
damage to the One Wilshire Installations, equipment, conduits, cable, wiring or
connecting lines owned or used by other tenants or licensees in the Conduit
Room. One Wilshire shall equip the Conduit Room with security cameras and a
24-hour security access system. One Wilshire shall also provide all tenants and
licensees of One Wilshire who use the Conduit Room with standard specifications
for all wiring, cabling and connecting lines to be installed in the Conduit Room
by such tenants or licensees. One Wilshire also shall have the right, in One
Wilshire's reasonable discretion, to enforce such other security measures and
installation guidelines as One Wilshire deems appropriate. However, One Wilshire
shall have no liability to
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License for any damage or interference caused by any unaffiliated person to the
One Wilshire Installations assigned to Licensee or to the cable, wiring,
connecting lines, equipment or other property of Licensee in the Conduit Room or
the Connecting Conduit.
One Wilshire's only obligation to Licensee regarding the installation of
facilities pursuant to this Agreement shall be to install the One Wilshire
Installations assigned to Licensee in the Conduit Room and the Connecting
Conduit. The cost of such work, together with One Wilshire's related
administrative fee, is included in Licensee's installation payment to One
Wilshire described in item (b) in Section 2 below. Licensee's share of One
Wilshire's cost of constructing the Conduit Room and the Conduit Shaft
themselves is included in Licensee's one-time participation payment described in
item (a) in Section 2.
All installation of wiring or cabling that Licensee wishes installed in
the Connecting Conduit shall be installed by One Wilshire's designated
contractor at Licensee's expense, provided the designated contractor's prices
are competitive within the industry. Licensee agrees to pay One Wilshire the
cost of such work, together with One Wilshire's 10% administrative fee, within
30 days after receipt of a billing from One Wilshire.
All installation of wiring, cabling and connections for Licensee's use
within the Conduit Room, including but not limited to any wiring, cabling or
connections in or about the One Wilshire Installations, shall be performed at
Licensee's sole expense by a qualified, duly licensed contractor selected by
Licensee. One Wilshire shall have no obligation or liability with respect to
such work by Licensee's contractors. Licensee shall cause all such work by
Licensee's contractors to be completed and paid for promptly to prevent any
mechanic's liens being filed. Licensee shall also cause all such work by
Licensee's contractors to comply with One Wilshire's rules and regulations in
effect from time to time for work in the Building, as well as the requirements
in One Wilshire's Conduit Room Rules in effect from time to time. (The Conduit
Room Rules initially shall be as set forth in Exhibit A.) Such requirements
include, but shall not be limited to, the requirement that, prior to starting
the work, the contractor or Licensee must provide to One Wilshire (i) evidence
of insurance coverage for the work in conformity with the standards in One
Wilshire's rules, (ii) copies of all legally required permits for the work, and
(iii) a copy of the written consent of any other tenant or licensee in the
Conduit Room with whose facilities a connection will be made as part of the
work. Licensee shall notify One Wilshire in writing before Licensee's contractor
commences any such work, so that One Wilshire may, if One Wilshire so elects,
post notices of nonresponsibility.
Licensee's ongoing use of the Conduit Room, the Connecting Conduit and
Licensee's cable, wiring, and connecting lines shall comply with all applicable
laws and the Building's rules (including but not limited to the Conduit Room
Rules) adopted by One Wilshire from time to time. Licensee's use shall not
interfere in any way with the operation of the Building or with the occupancy or
activities of any other tenant or licensee.
2. License Fees. Licensee agrees to pay One Wilshire a license fee for
use of the Conduit Room and the Connecting Conduit, which initially shall be (a)
a one-time participation fee of $N/A for use of the Conduit Room, plus (b)
installation costs of $4.000 for the Connecting Conduit and for the One Wilshire
Installations assigned to Licensee in the Conduit Room (not including Licensee's
cable, wiring, or connecting lines in the Connecting Conduit and the Conduit
Room). Such amounts shall be due and payable upon execution of this Agreement.
(No portion of such amounts shall be refundable if this license is terminated,
except in the event One Wilshire is in default of this Agreement. Such payments
shall be a condition precedent to Licensee's rights to use this license.
After Licensee's initial payment, the monthly license fee (the "Monthly
License Fee") for the Conduit Room and the Connecting Conduit shall be $1.500
per month, subject to adjustment as provided below. Such Monthly License Fee
shall be due and payable to One Wilshire at the address shown on page 1 on the
first day of each month or portion of a calendar month until this license
expires pursuant to Section 6 below or is revoked by One Wilshire, without any
fault by Licensee, in accordance with Section 6 below. The first such
installment of the license fee shall be due on the Effective Date. The Monthly
License Fee for any partial calendar month shall be equitably prorated, as
calculated by One Wilshire in its reasonable discretion.
The amount of the Monthly License Fee shall be adjusted as of each
January 1 until the License Expiration Date set forth on page 1. For purposes of
calculating such adjustment, the Consumer Price Index for All Urban Consumers,
U.S. City
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Average, All Items (1967=100), unadjusted (herein the "Index") published by the
Bureau of Labor Statistics of the United States Department of Labor for the
month during which the Effective Date occurs shall be the base Index figure (the
"Base Index"). The Base Index shall be compared to the Index figure for December
of each year that the license continues in force until it expires pursuant to
Section 6, including the initial partial calendar year during which the
Effective Date occurs. In the event that the Index figure for December of any
such year shall be greater than the Base Index, then in addition to the Monthly
License Fee, Licensee shall pay to One Wilshire a monthly amount equal to the
same percentage increase in the Monthly License Fee as the percentage increase
in the Index for such December over the Base Index. Such amount shall be payable
monthly commencing with the payment of the Monthly License Fee for the January
immediately following such December.
In the event that the Index for any such December is not yet available
upon the date that any installment of the Monthly License Fee is due, Licensee
shall continue paying the Monthly License Fee, as previously adjusted, in the
amount applicable for such December until the Index for that month is published,
whereupon Licensee shall immediately pay One Wilshire the adjustments which
would have been due in the months following such December had the Index for such
December been available. In the event that publication of the Index is
discontinued, One Wilshire and Licensee agree that the index of consumer prices
which is most closely analogous to the Index shall be used in place of the Index
for calculation of the adjustments payable hereunder. In the event that the
referents or techniques employed in the calculation of the Index shall be
modified and such modification would have resulted in a different figure for the
Base Index, One Wilshire and Licensee agree that the Base Index shall be
appropriately adjusted and that the Index, as modified, shall be used as
provided hereunder.
3. Electrical Usage. If the One Wilshire Installations include
electrical outlets, Licensor may elect to separately meter at Licensee's expense
the electrical usage of some or all of such outlets. Licensee shall pay the
charges for all such separately metered electrical usage within 30 days after
receipt of a billing therefor. Licensee shall also pay monthly within 30 days
after Licensee's receipt of a billing such sums as Licensor's building engineer
may reasonably determine to be necessary in order to reimburse Licensor for the
additional cost of any electrical usage by Licensee within the Conduit Room
which has not been separately metered to Licensee. Licensee shall have the right
to review supporting documentation (electric bills, formulas/calculations) used
to determine electric costs billed to Licensee.
4. Indemnity, Waiver and Insurance. Licensee hereby agrees to indemnify
and hold harmless One Wilshire and its partners, its agent Paramount Group, Inc.
and their respective officers, directors, shareholders, agents and employees
(collectively, the "One Wilshire Group") from and against any and all claims
(including but not limited to claims for bodily injury or property damage),
actions, mechanic's liens, losses, liabilities, and expenses (including
reasonable attorney fees and costs of defense by One Wilshire's legal counsel)
(collectively, "Claims"), which may arise from the installation, operation, use,
maintenance or removal of conduit, cable, wiring, connecting lines, equipment or
other property pursuant to this Agreement or from Licensee's use of the Conduit
Room, the Connecting Conduit, or the One Wilshire Installations. Similarly,
Licensee shall pay upon demand by One Wilshire the costs to repair any physical
damage to the Building caused by such installation, operation, use, maintenance
or removal. Licensee hereby waives and releases the One Wilshire Group from any
Claims Licensee may have at any time (including but not limited to Claims
relating to interruptions in services) arising out of or relating in any way to
the installation, operation, use, maintenance, or removal of conduit, cable,
wiring, connecting lines, equipment or other property described in this
Agreement or Licensee's use of the Conduit Room, the Connecting Conduit, or the
One Wilshire Installations, except to the extent caused by the negligence of any
member of the One Wilshire Group or One Wilshire's contractors. Such waiver and
release shall not apply to Claims to the extent caused by One Wilshire's wilful
misconduct. However, in no event shall One Wilshire or any member of the One
Wilshire Group be liable to Licensee for lost profits or consequential,
incidental or punitive damages of any kind. Licensee agrees to provide One
Wilshire, prior to Licensee's use of the Conduit Room or the Connecting Conduit
hereunder and at all times during such use, with evidence of liability insurance
coverage for Licensee's activities in or about the Building, the Conduit Room,
and the Connecting Conduit. Such insurance shall be in an amount of not less
than $2,000,000 combined single limit for injuries to persons and damage to
property, shall provide for deductibles of not more than $5,00 per occurrence,
shall include coverages reasonably acceptable to One Wilshire (including but not
limited to contractual coverage covering Licensee's indemnity obligations to One
Wilshire under this Agreement) and shall name as additional insureds One
Wilshire, is managing agent Paramount Group, Inc. and any lenders or ground
lessors designated by One Wilshire.
5. Removal of Cable, Wiring and Connecting Lines. Licensee agrees that,
upon the expiration or termination of this license as described in Section 6
below, Licensee (or, at One Wilshire's election, the contractor designated by
One Wilshire) shall promptly remove, at Licensee's sole cost and expense, all
cable, wiring, connecting lines, and other installations, equipment or property
installed or placed by or for Licensee in the Conduit Room or the Connecting
Conduit
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(excepting the Connecting Conduit itself and the One Wilshire Installations,
which shall remain the property of One Wilshire), and restore those portions of
the Building damaged by such removal to their condition immediately prior to the
installation or placement of such items. If Licensee fails to promptly remove
all such items pursuant to this Section 5, or if One Wilshire elects to have
such work performed by One Wilshire's contractor, One Wilshire may remove such
items and restore those portions of the Building damaged by such removal to
their condition immediately prior to the installation or placement of such
items, in which case Licensee agrees promptly to pay One Wilshire's reasonable
costs of removal and restoration, including One Wilshire's administrative fee.
6. No Lease or Easement of Conduit Room or Connecting Conduit;
Termination of License. Licensee acknowledges that the rights granted to
Licensee hereunder do not constitute a lease of any portion of the Conduit Room,
the Connecting Conduit or the One Wilshire Installations nor an easement, but
rather constitute a non-exclusive license for use in common with others. Such
license is revocable by One Wilshire in One Wilshire's sole discretion (a) upon
any default by Licensee under this Agreement which is not cured within 30 days
after written notice from One Wilshire to Licensee; or (b) if the Connecting
Conduit runs through the right-of-way for Grand Avenue, upon any failure to
obtain, or any revocation of, in whole or in part, for any reason, One
Wilshire's permit or franchise to use such right-of-way for the Connecting
Conduit, or the placing of unduly burdensome (economic or otherwise)
restrictions or conditions on such use (as determined by One Wilshire in its
reasonable discretion), by the City of Los Angeles or other governmental agency
with jurisdiction; or (c) if the Connecting Conduit runs under the outdoor
parking lot south of the Building (which parking lot is ground leased by One
Wilshire on a long-term basis), upon the termination for any reason of One
Wilshire's ground lease for such parking lot, or upon the arising of any other
need for One Wilshire to terminate this license in order to comply with the
terms of such ground lease. (Licensee agrees not to violate any provision of
which Licensee has notice contained in the permit or franchise described in item
(b) or in the ground lease described in item (c).) One Wilshire shall retain
such rights of revocation notwithstanding any expenditure of money on the
installations described herein or other actual or alleged reliance by Licensee.
Such revocation shall be made by written notice from One Wilshire to Licensee.
The license shall expire in any event, without notice from One Wilshire,
upon the License Expiration Date set forth on page 1.
This license is personal to Licensee, and Licensee's rights hereunder
may not be assigned, sub-licensed, or otherwise transferred in any fashion,
regardless of whether such an arrangement is called an assignment, a
sub-license, a co-location agreement or any other name. Licensee agrees not to
permit any third party to place, use or operate their own equipment, wiring,
cabling or connecting lines in or about Licensee's One Wilshire Installations or
Connecting Conduit.
In the event of any termination of this license due to a default by
Licensee, One Wilshire, in addition to any other rights it may have at law or in
equity, may collect from Licensee (i) the worth at the time of award of all
license fees earned at the time of termination; (ii) the worth at the time of
award of the amount by which the unpaid license fees which would have been
earned after termination until the time of award exceed the amount of such loss
of license fees that the Licensee proves could have been reasonably avoided;
(iii) the worth at the time of award of the amount by which the unpaid license
fees after the time of award up through the License Expiration Date shown on
page 1 exceed the amount of such loss of license fees that Licensee proves could
be reasonably avoided; and (iv) any other amount necessary to compensate One
Wilshire for all the detriment proximately caused by the Licensee's default or
which in the ordinary course of things would be likely to result therefrom. The
"worth at the time of award" as described in items (i) and (ii) shall include
interest at Bank of America's prime rate at that time plus 3%. The "worth at the
time of award" as described in item (iii) shall be computed by discounting such
amount at the discount rate of the Federal Reserve Bank of San Francisco at the
time of award plus 1%.
7. Attorneys' Fees. In the event of any lawsuit or other proceeding
between the parties arising out of this Agreement, the prevailing party shall be
entitled to recover from the losing party the prevailing party's reasonable
attorneys' fees and costs of suit.
8. Miscellaneous. This Agreement supersedes all prior or contemporaneous
understandings, negotiations, or agreements between the parties, whether written
or oral, with respect to its subject matter. This Agreement may be amended only
in a writing signed by both One Wilshire and Licensee.
One Wilshire's obligations under this Agreement shall be enforceable
only against One Wilshire's interest in the Building and not any other asset of
One Wilshire. Upon any sale or other conveyance by One Wilshire of its interest
in the
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Building, One Wilshire shall be released from any further obligations under this
Agreement, and Licensee shall acknowledge One Wilshire's transferee of the
Building as the new licensor under this Agreement. Subject to the other
provisions hereof, this Agreement shall be binding on the parties and their
respective successors and assigns.
Licensee acknowledges that One Wilshire and its agents, employees, and
representatives have made no representation to Licensee of any kind regarding
any matter, including but not limited to the Building, the Conduit Room, the One
Wilshire Installations, the Connecting Conduit, or the effect of applicable laws
or zoning on Licensee's intended use of this license. Licensee is relying on its
own investigation of all such matters and agrees to obtain at its expense all
licenses, conditional use permits, or other governmental approvals legally
required for its intended use of this license.
The interpretation and enforcement of this Agreement shall be governed
by the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date and at the place first written above.
ONE WILSHIRE: ONE WILSHIRE ARCADE IMPERIAL, LTD.
a California Limited Partnership
By: Paramount Group, Inc., Its Agent
By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
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▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Its Director, Property Management Western Region
By:
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Its
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LICENSEE: UNIVERSAL ACCESS, INC.
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇
Its Chief Network Officer
By: ▇▇▇▇▇▇ ▇▇▇▇▇▇
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Its
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Paramount
Group, Inc.
EXHIBIT A
ONE WILSHIRE BUILDING
CONDUIT ("MEET POINT") ROOM RULES
The Meet Point Room is a conduit room located on the fourth floor of the
One Wilshire Building located at ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇ (the "Building") for the special purpose of facilitating interconnections
between various telecommunications providers and users who currently hold
licenses with the Building for the use of such facilities ("Participants"). As a
condition to maintaining their license and to the ongoing use of the Meet Point
Room, all Participants must comply with the Meet Point Room Rules set forth
herein and as may be adopted or revised by the Building in its reasonable
discretion from time to time.
These Meet Point Room Rules are in addition to the terms, covenants, and
conditions of any agreement (including but not limited to a lease) between
Participant and the Building for use of the Meet Point Room. In the event these
Rules conflict with any provision of such agreement, such agreement shall
control.
The Building may waive any one or more of these Meet Point Room Rules
for the benefit of a Participant, but no such waiver by the Building shall be
construed as a waiver of such Rules in favor of anyone other than such
Participant for whose benefit such waiver was expressly intended, nor prevent
the Building from thereafter enforcing such Rules against such Participant or
any or all of the other Participants.
The Building reserves the right to make such other and reasonable Meet
Point Room Rules as, in its judgment, may from time to time be necessary or
desirable. Participant agrees to abide by all such Meet Point Room Rules as
stated herein and any additional rules and regulations which are adopted.
1. Participants must furnish the Building with the names (and other
necessary identification as Building may require) of its personnel who
are authorized by Participant to enter the Meet Point Room. Participants
are responsible for keeping such authorized user list current.
2. Participants wishing to enter into the Meet Point Room must sign in at
the Meet Point Room log book located at the Building Security Desk.
3. Each person wishing to enter the Meet Point Room must be on the
authorized user list. Positive proof of identity is required before
entrance to the Meet Point Room is permitted. A driver's license or
other authenticated photograph identification is the only acceptable
form of positive proof. Such form of identification will be held as
security until Participant completes Participant's activities in the
Meet Point Room.
4. Each person wishing to enter the Meet Point Room must obtain a security
access card from Building Security each time he or she wishes to enter.
On entering or leaving the Meet Point Room, Participant must make sure
the door is shut and not left ajar.
5. If Participant intends to perform cross-connect work in the Meet Point
Room, upon entry Participant must submit a fully executed (by
Participant and the Building's authorized representative) Cross-Connect
Authority Form in the form provided by the Building.
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6. Upon leaving the Meet Point Room, Participant must sign out in the Meet
Point Room log book at which time Participant's photo identification
will be returned.
7. All activities in the Meet Point Room must be in compliance with the law
including all applicable local, state, and federal laws, rules, codes
and regulations.
8. Participants desiring to interconnect to another Participant's
cross-connect array must negotiate such interconnection directly with
such other Participant and the Building shall have no obligation in that
regard.
9. All cross-connects must be accomplished utilizing Building-standard
cable and wire and following approved procedures.
10. All wiring shall be routed through the furnished channels, raceways,
etc. All cable shall be dressed-in and secured so as to ensure a
professional appearance, run straight and level, with 90 degree corners
where possible. Where tie wraps are used, the end shall be cut to
preserve the professional appearance.
11. Groups of cable routed to the Meet Point Room shall remain bundled
together to the degree possible for easy identification.
12. All cables must be clearly labeled utilizing Building-provided tags.
13. The Meet Point Room must be kept clean and free of debris at all times.
14. Tampering in any way with other Participants' circuits and
cross-connects is not permissible and is grounds for immediate
revocation of Participant's Meet Point Room rights. All other
infractions of Meet Point Room Rules must be corrected within 24 hours
of notification.
15. If circuit tampering is detected at any time by any Participant, it must
be reported immediately to the Building Security Desk.
16. Notification of infraction is accomplished by Building Management's
delivery of a written warning to the Participant.
17. Receipt of three (3) warnings within a six-month period is cause for
immediate revocation of Meet Point Room participation rights.
18. Meet Point Room participation rights are subject to revocation for any
default under the agreement between the Building and Participant
regarding Participant's use of the Meet Point Room.
19. Upon expiration or revocation of Meet Point Room participation rights,
Participant must make arrangements to vacate the Meet Point Room and
remove all cross-connects associated with Participant's assigned
array(s) within 30 calendar days of notification.
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