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 27<br />
9.6 OTI must conform to recommendations made by BellSouth’s fire insurance<br />
company to the extent BellSouth has agreed to, or shall hereafter agree to such<br />
recommendations.<br />
9.7 Self-Insurance. If OTI’s net worth exceeds five hundred million dollars<br />
($500,000,000), OTI may elect to request self-insurance status in lieu of obtaining<br />
any of the insurance required in Section 9.2 above. OTI shall provide audited<br />
financial statements to BellSouth thirty (30) days prior to the commencement of<br />
any work in the Remote Collocation Space. BellSouth shall then review such<br />
audited financial statements and respond in writing to OTI in the event that selfinsurance<br />
status is not granted to OTI. If BellSouth approves OTI for selfinsurance,<br />
OTI shall annually furnish to BellSouth, and keep current, evidence of<br />
such net worth that is attested to by one of OTI’s corporate officers. The ability to<br />
self-insure shall continue so long as OTI meets all of the requirements of this<br />
Section. If OTI subsequently no longer satisfies the requirements of this Section,<br />
OTI is required to purchase insurance as indicated by Section 9.2 above.<br />
9.8 The net worth requirements set forth in Section 9.7 above may be increased by<br />
BellSouth from time to time during the term of this Agreement upon thirty (30)<br />
days’ notice to OTI to at least such minimum limits as shall then be customary with<br />
respect to comparable occupancy of a BellSouth Premises.<br />
9.9 Failure to comply with the provisions of this Section will be deemed a material<br />
breach of this Attachment.<br />
10. Mechanics Liens<br />
10.1 If any mechanics lien or other liens are filed against property of either Party<br />
(BellSouth or OTI), or any improvement thereon by reason of or arising out of any<br />
labor or materials furnished or alleged to have been furnished or to be furnished to<br />
or for the other Party or by reason of any changes, or additions to said property<br />
made at the request or under the direction of the other Party, the other Party<br />
directing or requesting those changes shall, within thirty (30) business days after<br />
receipt of written notice from the Party against whose property said lien has been<br />
filed, either pay such lien or cause the same to be bonded off the affected property<br />
in the manner provided by law. The Party causing said lien to be placed against<br />
the property of the other shall also defend, at its sole cost and expense, on behalf<br />
of the other, any action, suit or proceeding which may be brought for the<br />
enforcement of such liens and shall pay any damage and discharge any judgment<br />
entered thereon.<br />
11. Inspections<br />
11.1 BellSouth may conduct an inspection of OTI’s equipment and facilities in OTI’s<br />
Remote Collocation Space(s) prior to the activation of facilities and/or services<br />
between OTI’s equipment and equipment of BellSouth. BellSouth may conduct an<br />
CCCS 207 of 261
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