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

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Version 2Q03: 07/21/03<br />

Attachment 4 - Remote Site<br />

Page 3<br />

agreement with a Third Party does not grant Bell<strong>South</strong> the ability to provide access<br />

and use rights to others, upon <strong>TC</strong> SYSTEMS’s request, Bell<strong>South</strong> will use its best<br />

efforts to obtain the owner’s consent and to otherwise secure such rights for <strong>TC</strong><br />

SYSTEMS. <strong>TC</strong> SYSTEMS agrees to reimburse Bell<strong>South</strong> for the reasonable and<br />

demonstrable costs incurred by Bell<strong>South</strong> in obtaining such rights for <strong>TC</strong> SYSTEMS.<br />

In cases where a Third Party agreement does not grant Bell<strong>South</strong> the right to provide<br />

access and use rights to others as contemplated by this Attachment and Bell<strong>South</strong>,<br />

despite its best efforts, is unable to secure such access and use rights for <strong>TC</strong><br />

SYSTEMS as above, <strong>TC</strong> SYSTEMS shall be responsible for obtaining such<br />

permission to access and use such property. Bell<strong>South</strong> shall cooperate with <strong>TC</strong><br />

SYSTEMS in obtaining such permission.<br />

1.5 Space Reclamation. In the event of space exhaust within a Remote Site Location,<br />

Bell<strong>South</strong> may include in its documentation for the Petition for Waiver filing any<br />

unutilized space in the Remote Site Location. <strong>TC</strong> SYSTEMS will be responsible for<br />

any justification of unutilized space within its Remote Collocation Space, if the<br />

Commission requires such justification.<br />

1.6 Use of Space. <strong>TC</strong> SYSTEMS shall use the Remote Collocation Space for the<br />

purposes of installing, maintaining and operating <strong>TC</strong> SYSTEMS’s equipment (to<br />

include testing and monitoring equipment) necessary for interconnection with<br />

Bell<strong>South</strong> services and facilities or for accessing Bell<strong>South</strong> unbundled network<br />

elements (UNEs) for the provision of telecommunications services, as specifically set<br />

forth in this Agreement. The Remote Collocation Space may be used for no other<br />

purposes except as specifically described herein or in any amendment hereto.<br />

1.7 Rates and charges. <strong>TC</strong> SYSTEMS agrees to pay the rates and charges identified in<br />

Exhibit B attached hereto.<br />

1.8 If any due date contained in this Attachment falls on a weekend or National holiday,<br />

then the due date will be the next business day thereafter. For intervals of ten (10)<br />

calendar days or less National holidays will be excluded.<br />

1.9 The Parties agree to comply with all applicable federal, state, county, local and<br />

administrative laws, rules, ordinances, regulations and codes in the performance of<br />

their obligations hereunder.<br />

2. Space Availability Report<br />

2.1 Space Availability Report. Upon request from <strong>TC</strong> SYSTEMS, Bell<strong>South</strong> will provide<br />

a written report (“Space Availability Report”), describing in detail the space that is<br />

available for collocation and specifying the amount of Remote Collocation Space<br />

available at the Remote Site Location requested, the number of collocators present at<br />

the Remote Site Location, any modifications in the use of the space since the last<br />

CCCS 275 of 433

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