Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 Attachment 4-Central Office Page 35 at least such minimum limits as shall then be customary with respect to comparable occupancy of BellSouth structures. 9.4 All policies purchased by OTI shall be deemed to be primary and not contributing to or in excess of any similar coverage purchased by BellSouth. All insurance must be in effect on or before the date equipment is delivered to BellSouth’s Premises and shall remain in effect for the term of this Agreement or until all of OTI's property has been removed from BellSouth's Premises, whichever period is longer. If OTI fails to maintain required coverage, BellSouth may pay the premiums thereon and seek reimbursement of same from OTI. 9.5 OTI 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. OTI shall arrange for BellSouth to receive thirty (30) business days’ advance notice of cancellation or non-renewal from OTI's insurance company. OTI shall forward a certificate of insurance and notice of cancellation/non-renewal to BellSouth at the following address: BellSouth <strong>Telecommunications</strong>, <strong>Inc</strong>. Attn.: Risk Management Office - Finance 17F54 BellSouth Center 675 W. Peachtree Street Atlanta, Georgia 30375 9.6 OTI must conform to recommendations made by BellSouth's fire insurance company to the extent BellSouth has agreed to, or shall hereafter agree to, such recommendations. 9.7 Self-Insurance. If OTI’s net worth exceeds five hundred million dollars ($500,000,000), OTI may elect to request self-insurance status in lieu of obtaining any of the insurance required in Section 9.2 above. OTI shall provide audited financial statements to BellSouth thirty (30) days prior to the commencement of any work in the Collocation Space. BellSouth shall then review such audited financial statements and respond in writing to OTI in the event that self-insurance status is not granted to OTI. If BellSouth approves OTI for self-insurance, OTI shall annually furnish to BellSouth, and keep current, evidence of such net worth that is attested to by one of OTI’s corporate officers. The ability to self-insure shall continue so long as the OTI meets all of the requirements of this Section. If OTI subsequently no longer satisfies the requirements of this Section, OTI 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 BellSouth from time to time during the term of this Agreement upon thirty (30) CCCS 166 of 261
Version: 2Q05 Standard ICA 07/06/05 Attachment 4-Central Office Page 36 days’ notice to OTI to at least such minimum limits as shall then be customary with respect to comparable occupancy of a BellSouth 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 (BellSouth or OTI), 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 for the enforcement of such liens and shall pay any damage and discharge any judgment entered thereon. 11. Inspections 11.1 BellSouth may conduct an inspection of OTI’s equipment and facilities in OTI’s Collocation Space(s) prior to the activation of facilities and/or services between OTI's equipment and equipment of BellSouth. BellSouth may conduct an inspection if OTI adds equipment and may otherwise conduct routine inspections at reasonable intervals mutually agreed upon by the Parties. BellSouth shall provide OTI with a minimum of forty-eight (48) hours or two (2) business days, whichever is greater, advance notice of all such inspections. All costs of such inspections shall be borne by BellSouth. 12. Security and Safety Requirements 12.1 Unless otherwise specified, OTI will be required, at its own expense, to conduct a statewide investigation of criminal history records for each OTI employee hired in the past five (5) years being considered for work on a BellSouth Premises, for the states/counties where the OTI employee has worked and lived for the past five (5) years. Where state law does not permit statewide collection or reporting, an investigation of the applicable counties is acceptable. OTI shall not be required to perform this investigation if an affiliated company of OTI has performed an investigation of the OTI employee seeking access, if such investigation meets the criteria set forth above. This requirement will not apply if OTI has performed a pre-employment statewide investigation of criminal history records of the OTI employee for the states/counties where the OTI employee has worked and lived for CCCS 167 of 261
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BELL BELLSOUTH BELL BELL BELL Optic
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General Terms and Conditions Versio
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19 Notices Version: 2Q05 Standard I
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CCCS 23 of 261
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Attachment 1 Page 16 Exhibit B modu
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RESALE DISCOUNTS & RATES - Florida
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Version: 2Q05 Standard ICA - New 07
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and 4-wire UVL) (Designed) Unbundle
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3.5 Maintenance - Line Splitting -
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UNBUNDLED NETWORK ELEMENTS-Florida
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UNBUNDLED NETWORK ELEMENTS - Florid
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UNBUNDLED NETWORK ELEMENTS - Florid
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CMDS - Florida CATEGORY RATE ELEMEN
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CONTENTS Version: 2Q05 Standard ICA
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3.1 SITE CONTROL Version: 2Q05 Stan
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5.3 COMBINED OUTAGE (CLEC AND BELLS
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BONA FIDE REQUEST AND NEW BUSINESS
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