Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 Attachment 4-Central Office Page 39 12.8 Use of Supplies. Unauthorized use of equipment, supplies or other property by either Party, whether or not used routinely to provide telephone service will be strictly prohibited and handled appropriately. Costs associated with such unauthorized use may be charged to the offending Party, as may be all associated investigative costs. 12.9 Use of Official Lines. Except for non-toll calls necessary in the performance of their work, neither Party shall use the telephone(s) of the other Party on BellSouth’s Premises. Charges for unauthorized telephone calls may be charged to the offending Party, as may be all associated investigative costs. 12.10 Accountability. Full compliance with the Security requirements of this Section shall in no way limit the accountability of either Party to the other for the improper actions of its employees, agents, suppliers, or Guests. 13. Destruction of Collocation Space 13.1 In the event a Collocation Space is wholly or partially damaged by fire, windstorm, hurricane, tornado, flood or by similar force majeure circumstances to such an extent as to be rendered wholly unsuitable for OTI’s permitted use hereunder, then either Party may elect within ten (10) days after such damage, to terminate occupancy of the damaged Collocation Space, and if either Party shall so elect, by giving the other written notice of termination, both Parties shall stand released of and from further liability under the terms hereof. If the Collocation Space shall suffer only minor damage and shall not be rendered wholly unsuitable for OTI's permitted use, or is damaged and the option to terminate is not exercised by either Party, BellSouth covenants and agrees to proceed promptly without expense to OTI, except for improvements not to the property of BellSouth, to repair the damage. BellSouth shall have a reasonable time within which to rebuild or make any repairs, and such rebuilding and repairing shall be subject to delays caused by storms, shortages of labor and materials, government regulations, strikes, walkouts, and causes beyond the control of BellSouth, which causes shall not be construed as limiting factors, but as exemplary only. OTI may, at its own expense, accelerate the rebuild of its Collocation Space and equipment provided, however, that a BellSouth Certified Supplier is used and the necessary space preparation has been completed. If OTI's acceleration of the project increases the cost of the project, then those additional charges will be incurred at OTI’s expense. Where allowed and where practical, OTI may erect a temporary facility while BellSouth rebuilds or makes repairs. In all cases where the Collocation Space shall be rebuilt or repaired, OTI shall be entitled to an equitable abatement of rent and other charges, depending upon the unsuitability of the Collocation Space for OTI's permitted use, until such Collocation Space is fully repaired and restored and OTI's equipment installed therein (but in no event later than thirty (30) days after the Collocation Space is fully repaired and restored). Where OTI has placed an Adjacent Arrangement pursuant to Section 3.4 above, OTI shall have the sole CCCS 170 of 261
Version: 2Q05 Standard ICA 07/06/05 Attachment 4-Central Office Page 40 responsibility to repair or replace said Adjacent Arrangement provided herein. Pursuant to this Section, BellSouth will restore the associated services to the Adjacent Arrangement. 14. Eminent Domain 14.1 If the whole of a Collocation Space or Adjacent Arrangement shall be taken by any public authority under the power of eminent domain, then this Attachment shall terminate with respect to such Collocation Space or Adjacent Arrangement as of the date possession shall be taken by such public authority and rent and other charges for the Collocation Space or Adjacent Arrangement shall be paid up to that day with a proportionate refund by BellSouth of such rent and charges as may have been paid in advance for a period subsequent to the date of the taking. If any part of the Collocation Space or Adjacent Arrangement shall be taken under eminent domain, BellSouth and OTI shall each have the right to terminate this Attachment with respect to such Collocation Space or Adjacent Arrangement and declare the same null and void, by written notice of such intention to the other Party within ten (10) days after such taking. 15. Nonexclusivity 15.1 OTI understands that this Attachment is not exclusive and that BellSouth may enter into similar agreements with other Parties. Assignment of Collocation Space pursuant to all such agreements shall be determined by space availability and made on a first come, first served basis. CCCS 171 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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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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