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

Version 2Q03: 07/21/03-TC SYSTEMS AL
Attachment 4-Central Office
Page 31
shall use best efforts to notify the other of any verified environmental condition known
to that Party.
7.7 Virtual to Physical Collocation Relocation. In the event physical Collocation Space
was previously denied at a BellSouth Premises due to technical reasons or space
limitations and physical Collocation Space has subsequently become available, TC
SYSTEMS may relocate its existing virtual collocation arrangement(s) to a physical
collocation arrangement(s) and pay the appropriate fees associated with physical
Collocation Space and the rearrangement or reconfiguration of services currently
being terminated in the virtual collocation arrangement If BellSouth knows when
additional space for physical collocation may become available at the BellSouth
Premises requested by TC SYSTEMS, such information will be provided to TC
SYSTEMS in BellSouth’s written denial of physical Collocation Space. To the extent
that (i) physical Collocation Space becomes available to TC SYSTEMS within one
hundred eighty (180) calendar days of BellSouth’s written denial of TC SYSTEMS’s
request for physical Collocation Space, (ii) BellSouth had knowledge that the space
was going to become available, and (iii) TC SYSTEMS was not informed in the
written denial that physical Collocation Space would become available within such one
hundred eighty (180) calendar day period, then TC SYSTEMS may relocate its virtual
collocation arrangement to a physical collocation arrangement and will receive a credit
for any nonrecurring charges previously paid for such virtual Collocation Space. TC
SYSTEMS must arrange with a BellSouth Certified Supplier for the relocation of
equipment from its virtual Collocation Space to its physical Collocation Space and will
bear the cost of such relocation.
7.8 Virtual to Physical Conversion (In-Place). Virtual collocation arrangements may be
converted to “in-place” physical collocation arrangements if the potential conversion
meets all of the following criteria: 1) there is no change in the amount of equipment or
the configuration of the equipment that was in the virtual Collocation Space; 2) the
conversion of the virtual collocation arrangement will not cause the equipment or the
results of that conversion to be located in a space that BellSouth has reserved for its
own future needs; 3) the converted arrangement does not limit BellSouth’s ability to
secure its own equipment and facilities due to the location of the virtual Collocation
Space; and 4) any changes to the arrangement can be accommodated by existing
power, HVAC, and other requirements. Unless otherwise specified, BellSouth will
complete virtual to physical conversions (in-place) within sixty (60) calendar days
from receipt of the BFFO. The charges for a Virtual to Physical Conversion (In-
Place), if any, are set forth in Section 6.3.1 of this Attachment.
7.9 Cancellation. If at any time prior to space acceptance, TC SYSTEMS cancels its
order for Collocation Space(s) (Cancellation), BellSouth will bill the applicable
nonrecurring rate(s) as set forth in Exhibit B for any and all work processes for which
work has begun or been completed. In no event will the charges billed by BellSouth
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