SERVICE LOCATIONS REQUESTED BY PROVIDER (I) SHALL BE SUBJECT TO REVIEW
AND APPROVAL IN ADVANCE BY IDEARC, (II) SHALL BE MADE IN COMPLIANCE WITH
IDEARC'S THEN CURRENT STANDARDS, RULES AND PROCEDURES, (III) SHALL BE PERFORMED
BY AND THROUGH IDEARC AT PROVIDER'S EXPENSE, AND (IV) SHALL ACCRUE TO THE
PROPERTY AT THE TERMINATION OR EXPIRATION OF THE LEASE.
PROVIDER ACKNOWLEDGES
AND AGREES THAT IT HAS INSPECTED THE IDEARC SERVICE LOCATIONS TO THE EXTENT IT
DEEMS NECESSARY AND THAT SUCH FACILITIES ARE SUFFICIENT FOR PERFORMING THE
SERVICES AND FOR SATISFYING PROVIDER'S RESPONSIBILITIES UNDER THE AGREEMENT.
THE IDEARC SERVICE LOCATIONS ARE PROVIDED BY IDEARC TO PROVIDER ON AN "AS-IS,
WHERE-IS" BASIS.
IDEARC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, AS TO SUCH IDEARC SERVICE LOCATIONS, INCLUDING ANY
WARRANTIES AS TO THEIR CONDITION OR SUITABILITY FOR USE BY PROVIDER.
THE
PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMER SHALL NOT BE
CONSTRUED TO LIMIT THE RELIEF OR OTHERWISE THE INTENT OF SECTION 4.9 OR 5.7(D).
(C)
OFFICE FURNITURE, FIXTURES, AND EQUIPMENT
TO BE PROVIDED BY IDEARC.
IDEARC SHALL PROVIDE OFFICE SPACE AND OFFICE
FURNITURE FOR PROVIDER PERSONNEL IN EACH IDEARC SERVICE LOCATION AS SPECIFIED IN
THE FINANCIAL RESPONSIBILITY MATRIX AND EACH TRANSACTION DOCUMENT.
PROVIDER
SHALL BE FINANCIALLY RESPONSIBLE FOR PROVIDING ALL OTHER OFFICE FURNITURE AND
FIXTURES REASONABLY REQUIRED BY PROVIDER OR PROVIDER PERSONNEL AT THE IDEARC
SERVICE LOCATIONS TO PROVIDE THE SERVICES, AND FOR ALL UPGRADES, REPLACEMENTS
AND ADDITIONS TO SUCH FURNITURE OR FIXTURES; PROVIDED, HOWEVER, THAT (I) SUCH
FURNITURE AND FIXTURES SHALL BE APPROVED IN ADVANCE BY IDEARC AND SHALL COMPLY
WITH IDEARC'S THEN-CURRENT STANDARDS (II) PROVIDER SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO USE SURPLUS IDEARC FURNITURE AND FIXTURES TO THE EXTENT
AVAILABLE AND (III) IDEARC SHALL BE RESPONSIBLE FOR INSTALLING SUCH FURNITURE
AND FIXTURES.
PROVIDER PERSONNEL USING THE OFFICE FACILITIES PROVIDED BY IDEARC
AT THE IDEARC SERVICE LOCATIONS WILL BE ACCORDED REASONABLE ACCESS TO THE
COMMUNICATIONS WIRING IN SUCH FACILITIES (INCLUDING FIBER, COPPER AND WALL
JACKS) AND THE USE OF CERTAIN SHARED OFFICE EQUIPMENT AND SERVICES, SUCH AS
PHOTOCOPIERS, LOCAL AND LONG DISTANCE TELEPHONE SERVICE FOR CALLS RELATED TO THE
DELIVERY OF SERVICES, TELEPHONE HANDSETS, MAIL SERVICE, OFFICE SUPPORT SERVICE
(E.G., JANITORIAL), HEAT, LIGHT, AND AIR CONDITIONING; PROVIDED, HOWEVER, THAT
SUCH ACCESS AND USAGE SHALL BE SOLELY FOR AND IN CONNECTION WITH THE PROVISION
OF SERVICES BY SUCH PROVIDER PERSONNEL; PROVIDED FURTHER THAT PROVIDER SHALL
REIMBURSE IDEARC FOR THE ADDITIONAL INCREMENTAL COSTS, IF ANY, INCURRED BY
IDEARC IF AND TO THE EXTENT PROVIDER'S TECHNOLOGY SOLUTION, SERVICE DELIVERY
MODEL OR INEFFICIENCY CAUSES ITS USAGE OR CONSUMPTION OF SUCH RESOURCES TO
EXCEED HISTORICAL LEVELS.
19
(D)
PROVIDER'S RESPONSIBILITIES REGARDING
FACILITIES.
EXCEPT AS PROVIDED IN PARAGRAPH (C) ABOVE, PROVIDER SHALL BE
RESPONSIBLE FOR PROVIDING ALL OTHER FURNITURE, FIXTURES, EQUIPMENT, SPACE AND
FACILITIES REQUIRED TO PERFORM THE SERVICES AND ALL UPGRADES, IMPROVEMENTS,
REPLACEMENTS AND ADDITIONS TO SUCH FURNITURE, FIXTURES, EQUIPMENT, SPACE AND
FACILITIES.
(E)
PHYSICAL SECURITY.
PROVIDER SHALL NOT
PERMIT ANY PERSON TO HAVE ACCESS TO, OR CONTROL OF, ANY IDEARC SERVICE LOCATION