Customer Name: Southern Light, LLC - AT&T Clec Online

Page 275 of 374
ATT 4 – COLLOCATION/AT&T-9STATE
PAGE 36 OF 44
Southern Light
1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08
the date equipment is delivered to AT&T’s Premises and shall remain in effect for the term of this
Agreement or until all of Southern Light’s property has been removed from AT&T’s Premises,
whichever period is longer. If Southern Light fails to maintain required coverage, AT&T may pay
the premiums thereon and seek reimbursement of same from Southern Light.
9.5 Southern Light shall submit certificates of insurance reflecting the coverage required pursuant to
this Section within a minimum of ten (10) business days prior to the commencement of any work in
the Collocation Space. Failure to meet this interval may result in construction and equipment
installation delays. Southern Light shall arrange for AT&T to receive thirty (30) business days’
advance notice of cancellation or non-renewal from Southern Light’s insurance company.
Southern Light shall forward a certificate of insurance and notice of cancellation/non-renewal to
AT&T at the following address:
AT&T Southeast
Collocation Service Center
600 North 19th Street
22nd Floor
Birmingham, AL 35203
9.6 Southern Light must conform to recommendations made by AT&T’s fire insurance company to the
extent AT&T has agreed to, or shall hereafter agree to, such recommendations.
9.7 Self Insurance. If Southern Light’s net worth exceeds five hundred million dollars ($500,000,000),
Southern Light may elect to request self-insurance status in lieu of obtaining any of the insurance
required in Section 9.2 above. Southern Light shall provide audited financial statements to AT&T
thirty (30) days prior to the commencement of any work in the Collocation Space. AT&T shall then
review such audited financial statements and respond in writing to Southern Light in the event that
self-insurance status is not granted to Southern Light. If AT&T approves Southern Light for selfinsurance,
Southern Light shall annually furnish to AT&T, and keep current, evidence of such net
worth that is attested to by one of Southern Light’s corporate officers. The ability to self-insure
shall continue so long as Southern Light meets all of the requirements of this Section. If Southern
Light subsequently no longer satisfies the requirements of this Section, Southern Light is required
to purchase insurance as indicated by Section 9.2 above.
9.8 The net worth requirements set forth in Section 9.7 above may be increased by AT&T from time to
time during the term of this Agreement upon thirty (30) days’ notice to Southern Light to at least
such minimum limits as shall then be customary with respect to comparable occupancy of an AT&T
Premises.
9.9 Failure to comply with the provisions of this Section will be deemed a material breach of this
Attachment.
10 Mechanics Lien
10.1 If any mechanics lien or other liens are filed against property of either Party (AT&T or Southern
Light), or any improvement thereon by reason of or arising out of any labor or materials furnished
or alleged to have been furnished or to be furnished to or for the other Party or by reason of any
changes, or additions to said property made at the request or under the direction of the other Party,
the other Party directing or requesting those changes shall, within thirty (30) business days after
receipt of written notice from the Party against whose property said lien has been filed, either pay
such lien or cause the same to be bonded off the affected property in the manner provided by law.
The Party causing said lien to be placed against the property of the other shall also defend at its
sole cost and expense, on behalf of the other, any action, suit or proceeding which may be brought
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