TC Systems, Inc. South Carolina - AT&T Clec Online

Version 2Q03: 07/21/03-TC SYSTEMS AL
Attachment 4-Central Office
Page 12
upon a different time frame. The new Space Ready Date will be calculated by adding
no more than seven (7) calendar days from the date that any deviations are agreed to
by the Parties as a result of the walkthrough, if a walkthrough has been conducted.
The correction of these deviations from TC SYSTEMS’s original request shall be at
BellSouth’s expense. Within fifteen (15) days of the new Space Ready Date, or as
otherwise mutually agreed to by the Parties, another acceptance walkthrough will be
conducted. This follow-up acceptance walkthrough will be limited to only those items
identified in the initial walkthrough. At the end of the acceptance walkthrough or after
all deviations are corrected, TC SYSTEMS will execute a written document accepting
the Collocation Space, and billing will begin from that date. In the event TC
SYSTEMS fails to complete an acceptance walkthrough within this fifteen (15)
calendar day interval, the Collocation Space shall be deemed accepted by TC
SYSTEMS on the most recent Space Ready Date and billing will commence from that
date. If TC SYSTEMS decides to occupy the space prior to the Space Ready Date,
the date TC SYSTEMS occupies the space is deemed the new Space Acceptance Date
and billing will begin from that date. TC SYSTEMS must notify BellSouth in writing
that its collocation equipment installation is complete and operational with BellSouth’s
network. BellSouth may, at its discretion, refuse to accept any orders for crossconnects
until it has received such notice. For the purposes of this paragraph, TC
SYSTEMS’s telecommunications equipment will be deemed operational when it has
been cross-connected to BellSouth’s network for the purpose of provisioning
telecommunication services to its customers.
4.2 Termination of Occupancy. In addition to any other provisions addressing termination
of occupancy in this Agreement, TC SYSTEMS may terminate its occupancy of a
particular Collocation Space, in whole or in part, by submitting a Subsequent
Application requesting termination of occupancy. Such termination shall be effective
upon BellSouth’s acceptance of the Space Relinquishment Form. Billing for monthly
recurring charges will cease on the date that TC SYSTEMS and BellSouth conduct an
inspection of the terminated space and jointly sign off on the Space Relinquishment
Form or on the date that TC SYSTEMS signs off on the Space Relinquishment Form
and sends this form to BellSouth, provided no discrepancies are found during
BellSouth’s subsequent inspection of the terminated space. If the subsequent
inspection by BellSouth reveals discrepancies, billing will cease on the date that
BellSouth and TC SYSTEMS jointly conduct an inspection, confirming that TC
SYSTEMS has corrected all of the noted discrepancies identified by BellSouth. A
Subsequent Application Fee will not apply for the termination of occupancy; however,
specific disconnect fees may apply to certain rate elements. The particular disconnect
fees that would apply are contained in Exhibit B of this Attachment. BellSouth may
terminate TC SYSTEMS’s right to occupy Collocation Space in the event TC
SYSTEMS fails to comply with any material provision directly related to Collocation
in this Agreement provided BellSouth gives TC SYSTEMS thirty (30) calendar days’
prior written notice of the failure to comply and gives TC SYSTEMS an opportunity
to cure during such period. Notwithstanding the above, any termination for nonpayment
of applicable fees, shall be in accordance with Section 1.14 of Attachment 7,
Billing.
CCCS 238 of 433