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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 9<br />

arrangement. Bell<strong>South</strong> shall allow Shared Collocation within a Remote Site Adjacent<br />

Arrangement pursuant to the terms and conditions set forth herein.<br />

4. Occupancy<br />

4.1 Occupancy. Bell<strong>South</strong> will notify <strong>TC</strong> SYSTEMS in writing when the Remote<br />

Collocation Space is ready for occupancy (Space Ready Date). <strong>TC</strong> SYSTEMS will<br />

schedule and complete an acceptance walkthrough of the Remote Collocation Space<br />

with Bell<strong>South</strong> within fifteen (15) calendar days of the Space Ready Date. Bell<strong>South</strong><br />

will correct any deviations in <strong>TC</strong> SYSTEMS’s original or jointly amended application<br />

requirements within seven (7) calendar days after the walkthrough, unless the Parties<br />

mutually agree upon a different time frame. The new Space Ready Date will be<br />

calculated by adding no more than seven (7) calendar days from the date that any<br />

deviations are agreed to by the Parties as a result of the walkthrough, if a walkthrough<br />

has been conducted. The correction of these deviations from <strong>TC</strong> SYSTEMS’s<br />

original request shall be at Bell<strong>South</strong>’s expense. Within fifteen (15) days of the new<br />

Space Ready Date, or as otherwise mutually agreed to by the Parties, another<br />

acceptance walkthrough will be conducted. This follow-up acceptance walkthrough<br />

will be limited to only those items identified in the initial walkthrough. At the end of<br />

the acceptance walkthrough or after all deviations are corrected, <strong>TC</strong> SYSTEMS will<br />

execute a written document accepting the Remote Collocation Space, and billing will<br />

begin from that date. In the event <strong>TC</strong> SYSTEMS fails to complete an acceptance<br />

walkthrough within this fifteen (15) calendar day interval, the Remote Collocation<br />

Space shall be deemed accepted by <strong>TC</strong> SYSTEMS on the most recent Space Ready<br />

Date and billing will commence from that date. If <strong>TC</strong> SYSTEMS decides to occupy<br />

the space prior to the Space Ready Date, the date <strong>TC</strong> SYSTEMS occupies the space<br />

is deemed the new Space Acceptance Date and billing will begin from that date. <strong>TC</strong><br />

SYSTEMS must notify Bell<strong>South</strong> in writing that its collocation equipment installation<br />

is complete and operational with Bell<strong>South</strong>’s network. Bell<strong>South</strong> may, at its<br />

discretion, refuse to accept any orders for cross-connects until it has received such<br />

notice. For the purposes of this paragraph, <strong>TC</strong> SYSTEMS’s telecommunications<br />

equipment will be deemed operational when it has been cross-connected to<br />

Bell<strong>South</strong>’s network for the purpose of provisioning telecommunication services to its<br />

customers.<br />

4.2 Termination of Occupancy. In addition to any other provisions addressing termination<br />

of occupancy in this Attachment, <strong>TC</strong> SYSTEMS may terminate occupancy in a<br />

particular Remote Collocation Space, in whole or in part, by submitting an Application<br />

requesting termination of occupancy; such termination shall be effective upon<br />

Bell<strong>South</strong>’s acceptance of the Space Relinquishment Form. Billing for monthly<br />

recurring charges will cease on the date <strong>TC</strong> <strong>Systems</strong> and Bell<strong>South</strong> conduct an<br />

inspection of the terminated space and jointly sign off on the Space Relinquishment<br />

Form or on the date that <strong>TC</strong> <strong>Systems</strong> signs off on the Space Relinquishment Form and<br />

sends the form to Bell<strong>South</strong> if a subsequent inspection of the terminated space by<br />

CCCS 281 of 433

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