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Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA<br />

07/06/05<br />

ENVIRONMENTAL AND SAFETY<br />

PRINCIPLES<br />

Attachment 4 – Remote Site<br />

Exhibit A<br />

Page 33<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<br />

applicable federal, state, and local environmental and safety laws and regulations<br />

including USEPA regulations issued under the CAA, CWA, RCRA, CERCLA,<br />

SARA, the TSCA, OSHA regulations, NFPA, NEC and NESC (Applicable Laws)<br />

requirements. Each Party shall notify the other if compliance inspections are<br />

conducted by regulatory agencies and/or citations are issued that relate to any<br />

aspect of this Attachment.<br />

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

MSDSs, of known and recognized physical hazards or Hazardous Chemicals<br />

existing on site or brought on site. A Hazardous Chemical inventory list is posted<br />

on an OSHA Poster and updated annually at each Central Office. This Poster is<br />

normally located near the front entrance of the building or in the lounge area.<br />

Each Party is required to provide specific notice for known potential Imminent<br />

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

required.<br />

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

control procedures for OTI to follow when working at a BellSouth Remote Site<br />

Location (see Section 2, below). These practices/procedures will represent the<br />

regular work practices required to be followed by the employees and suppliers of<br />

BellSouth for environmental protection. OTI will require its suppliers, agents,<br />

Guests and others accessing the BellSouth Remote Site Location to comply with<br />

these practices. Section 2 below lists the Environmental categories where BST<br />

practices should be followed by OTI when operating in the BellSouth Remote Site<br />

Location.<br />

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

OTI’s Remote Collocation Space with proper notification. BellSouth reserves the<br />

right to stop any OTI work operation that imposes Imminent Danger to the<br />

environment, employees or other persons in or around a Remote Site Location.<br />

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

used, stored or abandoned a BellSouth Remote Site Location by OTI are owned<br />

by and considered the property of OTI. OTI will indemnify BellSouth for claims,<br />

lawsuits or damages to persons or property caused by these materials. Without<br />

prior written BellSouth approval, no substantial new safety or environmental<br />

hazards can be created by OTI or different hazardous materials used by OTI at the<br />

CCCS 213 of 261

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