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Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA<br />

07/06/05<br />

Attachment 4-Central Office<br />

Exhibit A<br />

Page 41<br />

ENVIRONMENTAL AND SAFETY PRINCIPLES<br />

The following principles provide basic guidance on environmental and safety issues when<br />

applying for and establishing physical collocation arrangements.<br />

1. GENERAL PRINCIPLES<br />

1.1 Compliance with Applicable Law. BellSouth and OTI agree to comply with applicable<br />

federal, state, and local environmental and safety laws and regulations including U.S.<br />

Environmental Protection Agency (USEPA) regulations issued under the Clean Air<br />

Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act<br />

(RCRA), Comprehensive Environmental Response, Compensation and Liability Act<br />

(CERCLA), Superfund Amendments and Reauthorization Act (SARA), the Toxic<br />

Substances Control Act (TSCA), and Occupational Safety and Health (OSHA)<br />

regulations issued under the Occupational Safety and Health Act of 1970, as amended,<br />

and National Fire Protection Association (NFPA), NEC and National Electric Safety<br />

Codes (NESC) (Applicable Laws) requirements. Each Party shall notify the other if<br />

compliance inspections are conducted by regulatory agencies and/or citations are<br />

issued that relate to any aspect of this Attachment.<br />

1.2 Notice. BellSouth and OTI shall provide notice to the other, including any Material<br />

Safety Data Sheets (MSDSs), of known and recognized physical hazards or<br />

Hazardous Chemicals existing on site or brought on site. A Hazardous Chemical<br />

inventory list is posted on an OSHA Poster and updated annually at each Central<br />

Office. This Poster is normally located near the front entrance of the building or in the<br />

lounge area. Each Party is required to provide specific notice for known potential<br />

Imminent Danger conditions. OTI should contact 1-800-743-6737 for any BellSouth<br />

MSDS required.<br />

1.3 Practices/Procedures. BellSouth may make available additional environmental control<br />

procedures for OTI to follow when working at a BellSouth Premises (see Section 2,<br />

below). These practices/procedures will represent the regular work practices required<br />

to be followed by the employees and suppliers of BellSouth for environmental<br />

protection. OTI will require its suppliers, agents, Guests, and others accessing the<br />

BellSouth Premises to comply with these practices. Section 2 below lists the<br />

Environmental categories where BellSouth practices should be followed by OTI when<br />

operating in the BellSouth Premises.<br />

1.4 Environmental and Safety Inspections. BellSouth reserves the right to inspect the OTI<br />

space with proper notification. BellSouth reserves the right to stop any OTI work<br />

operation that imposes Imminent Danger to the environment, employees or other<br />

persons in or around a BellSouth Premises.<br />

1.5 Hazardous Materials Brought On Site. Any hazardous materials brought into, used,<br />

stored or abandoned at a BellSouth Premises by OTI are owned by and considered the<br />

property of OTI. OTI will indemnify BellSouth for claims, lawsuits or damages to<br />

CCCS 172 of 261

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