Optical Telecommunications, Inc.
Optical Telecommunications, Inc.
Optical Telecommunications, Inc.
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Version: 2Q05 Standard ICA<br />
07/06/05<br />
Attachment 4 - Remote Site<br />
Page 11<br />
telecommunication services to OTI’s customers. BellSouth may, at its discretion,<br />
refuse to accept any orders for cross-connects until it has received such notice<br />
from OTI.<br />
4.4 OTI must notify BellSouth in writing that its collocation equipment installation is<br />
complete. OTI’s collocation equipment installation is complete, when OTI’s<br />
equipment has been cross-connected to BellSouth’s network for the purpose of<br />
provisioning Telecommunication Services to OTI’s customers. BellSouth may, at<br />
its discretion, refuse to accept any orders for cross-connects until it has received<br />
such notice from OTI.<br />
4.5 Termination of Occupancy<br />
4.5.1 In addition to any other provisions addressing termination of occupancy in this<br />
Attachment, OTI may terminate occupancy in a particular Remote Collocation<br />
Space by submitting an application requesting termination of occupancy for such<br />
Remote Collocation Space. Such termination shall be effective upon BellSouth’s<br />
acceptance of the Space Relinquishment Form. Billing for monthly recurring<br />
charges will cease on the date OTI and BellSouth conduct an inspection of the<br />
terminated space and jointly sign off on the Space Relinquishment Form or on the<br />
date that OTI signs off on the Space Relinquishment Form and sends the form to<br />
BellSouth if a subsequent inspection of the terminated space by BellSouth reveals<br />
no discrepancies. If the subsequent inspection by BellSouth reveals any<br />
discrepancies, billing will cease on the date that BellSouth and OTI jointly conduct<br />
an inspection, which confirms that OTI has corrected the discrepancies. An<br />
Application Fee will not apply for termination of occupancy. BellSouth may<br />
terminate OTI’s right to occupy the Remote Collocation Space in the event OTI<br />
fails to comply with any provision of this Agreement, for such Remote Collocation<br />
Space.<br />
4.5.2 Upon termination of occupancy, OTI, at its sole expense, shall remove its<br />
equipment and other property from the Remote Collocation Space. OTI shall have<br />
thirty (30) days from the BFFO date (Termination Date) to complete such<br />
removal, including the removal of all equipment and facilities of OTI’s Guest(s),<br />
unless OTI’s Guest(s) has assumed responsibility for the Remote Collocation<br />
Space housing the Guest(s)’s equipment and executed the appropriate<br />
documentation required by BellSouth to transfer the Remote Collocation Space to<br />
the Guest(s) prior to OTI’s Termination Date.<br />
4.5.3 OTI shall continue payment of all monthly recurring charges to BellSouth until the<br />
date OTI, and if applicable OTI’s Guest(s), has fully vacated the Remote<br />
Collocation Space and the Space Relinquish Form has been accepted by BellSouth.<br />
If OTI or OTI’s Guest(s) fails to vacate the Remote Collocation Space within<br />
thirty (30) days from the Termination Date, BellSouth shall have the right to<br />
remove and dispose of the equipment and any other property of OTI or OTI’s<br />
CCCS 191 of 261