Colocation. Landlord acknowledges that the business to be conducted by the undersigned Tenant in the Premises may require Tenant to enter into Colocation Agreements that will permit Colocation Parties to engage in Colocation Activities. Landlord expressly agrees that Tenant may, without the need for Landlord’s consent, enter into such Colocation Agreements; provided, however, that (a) the Colocation Agreements, and each Colocation Party’s use of the Tenant Space, must comply with the terms of this Lease (including the Datacenter Rules and Regulations) and all Applicable Laws; (b) the Colocation Agreements, and the Colocation Parties’ rights thereunder, shall be subject and subordinate at all times to this Lease and all of its provisions, covenants and conditions; and (c) in no event may the rights of any Colocation Party, vis a vis the members of the Landlord Group, be greater than the rights of Tenant hereunder. Anything to the contrary contained herein notwithstanding, Landlord and Tenant acknowledge and agree that the Colocation Agreements shall not constitute, or be deemed to be, the grant of a leasehold interest, or otherwise constitute, or be deemed to be, a real property interest.
Colocation. Incumbent shall allow PathNet, at no additional charge, to collocate at Incumbent's sites all equipment necessary to support the Interconnections set forth on EXHIBIT A-7 to SCHEDULE A and, upon written notice, any additional interconnections equipment that may be added by PathNet from time to time and at any time during the term of this Agreement, subject to the limitations set forth in SECTION 3 of SCHEDULE A.
Colocation. Additionally, Tenant shall have the right, with no consent of Landlord being required or necessary, to enter into licenses or similar agreements (collectively a “Permitted Agreement”) with a customer (i.e., a person or entity that has entered into an agreement with Tenant, or an affiliate of Tenant, for the provision of telecommunication, colocation or any similar or successor services from the Premises (“Customers”), consistent with the custom and practice of the telecommunications industry, to “co-locate” such Customers’ telecommunications equipment within the Premises or to otherwise occupy a portion of the Premises and to allow such Customers to avail themselves of the services provided by Tenant from the Premises consistent with the Permitted Use. Any such Permitted Agreement shall be subject and subordinate in all respects to all of the terms of this Lease but shall not require any prior consent or notice to the Landlord; provided, however, that: (a) no Permitted Agreement shall in any way discharge or diminish any of the obligations of Tenant to Landlord under this Lease and Tenant shall remain directly and primarily liable under this Lease; (b) each Permitted Agreement shall be subject to and subordinate to this Lease and to the rights of Landlord hereunder; (c) each Permitted Agreement shall prohibit the Customer from engaging in any activities on the Premises that are not consistent with the Permitted Use; (d) each Permitted Agreement shall have a term which expires on or prior to the expiration date of the term of this Lease (or the expiration of any extension option if Tenant has irrevocably exercised such extension option); (e) Tenant provides a list of such Customers in a format that Landlord may reasonably alter from time-to-time, (f) Tenant pays to Landlord as Additional Rent Landlord’s prevailing fee for each Customer (the “Access Card Fee”) for the purpose of providing the Customer with access to the Premises, which Access Card Fee, as of the date of this Lease, is $0.00 per access card for the first (1st) access card issued to a Customer, and $35 per access card for every subsequent access card issued to the same Customer, and is subject to increases from time-to-time during the Term of this Lease; provided, however, in the event that Tenant elects to install Tenant’s Security System at the Premises, the Access Card Fee shall not apply following the completion of such installation, and (g) the Customer’s license of a portion of the Premi...
Colocation. 6.1 The Clauses in this section 6 apply only when Vorboss provides Customer with Colocation Services.
6.2 Colocation Services may only be assigned, novated, sub- contracted or otherwise disposed of with Vorboss’s prior consent, which shall not be unreasonably withheld. For the avoidance of doubt, it shall be reasonable for Vorboss to withhold such consent if this would cause a breach of contracts to which Vorboss is a party.
6.3 If Vorboss grants the Customer access to the facility in which Colocation Services are provided (“Colocation Location”) to the Customer, the Customer, its employees, sub-contractors and agents shall only examine or interfere with equipment owned by the Customer. Anybody who attends the Colocation Location on the Customer’s behalf shall be treated as the Customer for the purposes of the Agreements for any actions during that visit.
Colocation. If Customer contracts for a locked cabinet or partition, Customer must designate no more than two customer representatives authorized to access the cabinet or partition. Each said customer representative shall submit a background check form authorizing a complete investigation by Company including criminal background check. Further, each customer representative shall physically come to the Company and register for biometric fingerprint access, receive training on Company procedures for access, and sign for documentation of facility access procedures. Customer will then have access to the cabinet or partition seven days a week, 365 days per year, 24 hours per day. Installation of new equipment must be accomplished during normal business hours with reasonable notice to the Company.
Colocation. Grantor acknowledges that the business to be conducted by the undersigned Grantee in the Colocation Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Grantee (“Permitted Licensees”) in the Colocation Premises, in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with Grantee’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”). To expedite the Permitted Licensees’ access to the Colocation Premises for the Permitted Interconnection, Grantor expressly agrees that Grantee may, without Grantor’s further consent, license portions of the Colocation Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Grantee and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Grantee provides a list of contact information for such Permitted Licensees in a format that Grantor may reasonably alter from time-to-time, (b) Grantee pays to Grantor as Additional Colocation Fees Grantor’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Colocation Premises, which Access Card Fee, as of the date of this Agreement, is $35 per access card and is subject to increases from time-to-time during the Term of this Agreement, and (c) the Permitted Licensee’s license of a portion of the Colocation Premises may not violate the terms of this Agreement or any Applicable Laws. Grantor expressly waives its right to prior review of such Permitted Agreements. Grantee’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Pathway as defined in Item 7 of the Basic Colocation Information or Grantee’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Agreement and all of its provisions, covenants and condition. Grantee hereby agrees to indemnify, defend, and hold harmless Grantor and the Grantor Group from and against (and to reimburse Grantor and the Grantor Group for) any and all Claims (defined in Section 14.2, below) arising from or in any mann...
Colocation. With the prior written consent of Lessor, not to be unreasonably withheld, Customer may physically colocate the equipment of a third-party (each, a “Colo User”) at the Customer Area and utilize the Customer Area for the benefit of these Colo Users provided that Customer (i) registers in advance with Lessor the name, contact information and specific services utilized by such Colo User, (ii) ensures the compliance by such Colo User with this Agreement (including without limitation the Terms and Conditions and the Rules and Regulations), (iii) remains responsible and liable for the acts, omissions and other conduct of such Colo User, and (iv) does not solicit for any services which compete with Lessor’s business of licensing space and providing Related Data Center Services (including without limitation colocation services) from any customer of Lessor or prospect which Customer learns about as a result of its business dealings with Lessor or access to the Data Center. Lessor will not permit Customer to provide any Related Data Center Services to a Colo User which has been terminated or refused service directly by Lessor. In consideration for the foregoing, upon expiration or termination of this Agreement for any reason (including failure by Customer to timely pay amounts due hereunder) or upon the request of any Colo User or other client of Customer, Lessor retains the right (but not obligation) to contract directly with that party for the provision of any Related Data Center Services. Customer specifically consents to the use by Lessor of the Colo User information which Customer registers with Lessor for this purpose. Under no circumstances shall Lessor be obligated to discontinue services to a Colo User which desires the continuation of such services.
Colocation also known as a “Carrier Hotel”, is a type of data center where equipment, space and bandwidth are available for rent to retail customers. Colocation facilities provide space, power, cooling and physical security for the server, storage and networking equipment of other firms, and connects the server and equipment to a variety of telecommunications and network providers with a minimum of cost and complexity.
Colocation. Subject to space availability at the Facilities at the time of a Pathnet request, including LLC's or Incumbent's reasonably foreseeable future space needs on the Facilities, the LLC shall or shall cause Incumbent to allow Pathnet, at no additional charge to colocate at the Facilities all equipment necessary to support the interconnections set forth on Exhibit A-6 to Schedule A and any additional interconnections equipment that may be added by Pathnet from time to time and at any time during the term of this Agreement, subject to the limitations set forth in Schedule 3 of Schedule A.
Colocation. If the Service Location is not owned or wholly controlled by Customer (in this clause a “Colocation Site”), Customer will ensure that Supplier has access to the Colocation Site for the purposes outlined in the Service Offering Description. Failure to provide Supplier with timely access to the Colocation Site will relieve Supplier of its Support Services obligations and Supplier may, at its discretion, choose to suspend (until such time as Supplier and Customer agree to relocation of the Offering at a Supplier accessible Service Location) and/or terminate the Order. Customer agrees to hold Supplier harmless from and against any and all disputes, claims or controversies (whether in contract, tort (including negligence) or otherwise) related to or arising out of the Customer’s installation, operation or use of the Offering at a Colocation Site.
